Skip to main content

Full text of "Journal of the House of Representatives of the State of Georgia"

See other formats


EMORY UNIVERSITY 
LIBRARY 




JOUENAL. 



Atlanta, Geokgia, 
Wednesday, November 1, 1871. 

The House of Representatives of the State of Georgia, 
met pursuant to law, in the Representative Hall, in the 
city of Atlanta, and was called to order by the Hon. 
M. A. Hardin, Clerk pro tem., the Clerk being absent. 

The Clerk pro tem. proceeded to call the roll of the 
counties, when the following members present were 
sworn in as Representatives from the several counties, 
according to the Constitution and laws of this State, 
by the Hon. David B. Harrell, Judge of the Superior 
Courts for the Pataula Circuit. 

Appling — Hon. Lemuel Sellers. 

Baker — Hon. Henry Tarver. 

Baldwin — Hon. Peter O'Neal. 

Banks — Hon. Nathaniel Wofford. 

Bartow — Hon. John W, Gray, Hon. John W Wof- 
ford. 

Berrien — Hon. H. T. Peeples. 

Brooks — Hon. James H. Hunter. 

Bryan — Hon. C. H. Baker. 

Bulloch — Hon. D. L. Kennedy. 

Burke— Hon. P D. Cox, Hon. T. M. Berrien, Hon. 
R. A. Murphy - 

Butts — Hon. Thomas S. Hammond. 

Camden — Hon. H. L. Hillyer. 

Campbell — Hon. John Goodman. 

Carroll — Hon. John S. Pentecost. 

Catoosa — Hon. W H. Payne, 



4 JOURNAL OF THE HOUSE. 

Charlton — Hon. Jehu Paxton. , 

Chatham— Ron. Isaac Russell, Hon. Emanuel Heidt. 

Chattahoochee—Hon. David C. Cody- 

Chattooga— Row. C. C. Clegliorn. 

Cherokee— Row. John B. Richards. 

Clarke—Row. M. Davis, Hon. A. Richardson. 

Clay— Row. John B. Johnson. 

Clayton— Hon. William N. McConnell. 

Clinch—Row. R. A. Mattox. 

Cobb— Row. W D. Anderson, Hon. W P Ander- 
son. 

Coffee— Hon. John M. Spence. 

Colquitt— Row. Isaac Carlton. 

Columbia— Hon. S. C. Lamkin, Hon. G. P Stovall. 

Coweta— Hon. H. J Sargent, Hon. S. Smith. 

Crawfordr— -Hon. Williams Rutherford. 

Da& — Hon. E. D. Graham. 

Dawson — Hon. John Palmer. 

Decatur— Ron. A. N. Bruton, Hon J. D. Williams. 

DeKalb— Hon. W L. Goldsmith. 

Dooly — Hon. John H. Woodward. 

Dougherty — Hon. F F Putney. 

Early — Hon. B. Chancey 

Echols— Hon. R. W Phillips. 

Effingham — Hon. Morgan Rawls. 

Elbert — Hon. Emory P Edwards. 

Emanuel — Hon. W P Roundtree. 

Fannin — Hon. William Franklin. 

Fayette — Hon. William Whatley 

Floyd — Hon. M. R. Ballanger, Hon. Dunlap Scott. 

Forsyth — Hon. Isaac L. Hughes. 

Franklin — Hon. A. W Brawner. 

Fulton— Row. E. F Hoge, Hon. J. S. Wilson, Hon. 
Henry Jackson. 

Gilmer — Hon. Joseph P Chastain. 

Glascock — Hon. W G. Braddy 

Glynn — Hon. James Blue. 

Gordon — Hon. Joel C. Fain. 

Greene — Hon. R. L. McWhorter, Hon. A. Colby. 



WEDNESDAY, NOVEMBER 1, 1871. 5 

Gwinnett — Hon. W E. Simmons, Hon. G. H. Jones. 

Habersham — Hon. Garnett McMillan. 

Hall — Hon. L. A. Simmons. 

Hancock — Hon. Gfeorge F Pierce, jr., Hon. F A. 
Butts. 

Haralson — Hon. Wm. J. Head. 

Harris— Ron. J W Murphy, Hon. C. T. Patillo. 

Hart — Hon. James W Jones. 

Henry — Hon. George W Bryan. 

Houston — Hon. J. R. Griffin, Hon. George Ormond, 
Hon. A. Simmons. 

Irwin — Hon. Reason Panlk. 

Jackson— Hon. J R. Hancock. 

Jasper — Hon. A. J. Watters. 

Jefferson — Hon. W P Johnson, Hon. A. Beaseley. 

Johnson — Hon. W H. Martin. 

Jones — Hon. Samuel Barron. 

Laurens — Hon. C. J. Guyton. 

Lee — Hon. H. B. Lipsey, Hon. George F Page. 

Liberty — Hon. J W Farmer. 

Lincoln — Hon. Henry J. Lang. 

Lowndes — Hon. A. Converse 

Lumpkin — Hon. H. AY Riley 

Macon — Hon. L. C. Jones, Hon. AV Oliver. 

Ma/Jison — Hon. Isaac J. Meadows. 

Marion— Ron. T. AV Harvey. 

Mcintosh — Hon. T. G. Campbell, jr. 

Meriwether — Hon. J. AV Morel and. 

Miller — Hon. Isaac A. Bush. 

Milton — Hon. James M. Howell. 

Mitchell— Hon. L. A. M. Collins. 

Monroe — Hon. G. H. Clower, Hon. J Brown. 

Morgan — Hon. M. Floyd. 

Montgomery — Hon. J. D. Clements. 

Murray — Hon. S. E. Field. 

Muscogee — Hon. J. M. Smith, Hon. J. F Pou. 

Newton — Hon. J. B. Davis, Hon. J M. Summers. 

Oglethorpe— Row. AV AV Davenport, Hon. J. F. 
Smith. 



6 JOURNAL OP THE HOUSE. 

Paulding— Ron. R. Trammell. 
Pickens— Hon. J. M. Allred. 
Pierce — Hon. D. E. Knowles. 
Pike — Hon. John H. Baker. 
Polk— Hon. M. H. Bunn. 

Pulaski— Hon. J. E. Booth, Hon. J- A. Hendley 
Putnam— Ron. James A. Etheridge. 
Quitman— Ron. James H. Guerry 
Rabun— Hon. George M. Netherland. 
Randolph— Ron. S. A. McNeal, Hon. R. F Critten- 
den. 
Richmond—Ron. J. B. Cumming, ,Hon. Claiborne 

Snead, Hon. W A. Clark. 
Schley— Ron. Charles B. Hudson. 
Screven— Ron. J. C. Dell. 
Spalding— Ron. D. A. Johnson. 
Stewart — Hon. J. B. Mansfield, Hon. J. A. Lewis. 
Sumter — Hon. Wright Brady, Hon. Sterling Glover. 
Talbot— Hon. P Morris. 
Tatnall — Hon. J B. Brewton. 
Taylor — Hon. W G. Bateman. 
Telfair — Hon. H. L. W Craig. 
Terrell — Hon. John R. Jones. 
Tliomas — Hon. J. Battle, Hon. A. F Atkinson. 
Towns — Hon. D. W Killian. 
Troup— Hon. W H. Clark Hon. W W Cato. 
Tipiggs — Hon. E. S. Griffin. 
Union — Hon. Joseph Reid. 
Upson — Hon. John I. Hall. 
Walker—Ron. J. Y Wood. 
Walton — Hon. C. L. Bowie. 
Ware — Hon. D. Morrison. 
Warren — Hon. J Barksdale. 

Washington— Hon. J. W Renfroe, Hon. H. Taylor. 
Webster—Ron. A. C. Bell. 
White—Ron. James F West. 
Whitfield— Hon. C. J Emerson. 
Wilkes— Hon. H. P Slaton, Hon. S. W Wynn. 
Wilkinson— -Hon. C. H. Hooks. 



WEDNESDAY, NOVEMBER 1, 1871. 7 

Wilcox— Hon. D. C. Mann. 
Worth — Hon. Royal R. Jenkins. 

All the Representatives present being sworn, the 
House proceeded with the election of a Speaker, the 
members voting viva voce, when, upon receiving and 
adding up the vote, it appeared that the Hon. James 
M. Smith, of Muscogee county, had received one hun- 
dred and thirty-five votes, and the Hon. Joel R. Griffin, 
of Houston county, twenty-one. 

The Hon. James M., Smith having received a majority 
of the whole number of votes polled, was declared duly 
elected Speaker of the House of Representatives of 
Georgia. 

Mr. McMillan of Habersham moved that a commit- 
tee of three be appointed to conduct the Speaker elect 
to his seat, which motion prevailed, and the Chair 
appointed as such committee Messrs. McMillan of 
Habersham, Griffin of Houston, and Gumming of Rich- 
mond. 

Which duty being performed, the Speaker elect said 
that he thanked the House for the generous confidence 
it had manifested towards himself ; that the duties of 
his position were many and difficult, and that he coun- 
seled justice and moderation. 

The House then proceeded with the election of a 
Clerk, the members voting viva voce, when, upon re- 
ceiving and adding up the vote, it appeared that the 
Hon. James D. Waddell had received 131, and the 
Hon. J. R. W Johnston had received 22 votes. 

The Hon. James D. Waddell having received a ma- 
jority of the whole number of votes polled, was de- 
clared duly elected Clerk of the House of Representa- 
tives of Georgia. 

The Speaker announced that he had received a writ- 
ten communication from the Executive Department, 
which, on motion, was read, and is as follows : 



8 JOURNAL OF THE HOUSE. 

Executive Department, 
Atlanta, Ga., November 1, 1871. 

To the presiding officer of the House of Represents 

Sir • I herewith transmit the papers in the contested 
election case of Bibb county, together with the letter 
of the Secretary of State to Governor R. B. Bullock. 

Notwithstanding the recommendations in that letter, 
I think best to refer the whole matter to the House, as 
the proper judge of the qualifications of its own mem- 

Benjamin Conley, Governor. 

Mr. McMillan of Habersham offered the following 
resolution : 

Resolved, That a committee of three be appointed 
to consider and report, for the information and action 
of the House, who are the Representatives elect from 
the county of Bibb. 

Mr. Anderson of Cobb moved to amend by striking 
out "three" and inserting "seven," which amend- 
ment was agreed to, and the resolution, as amended, 
was read and adopted. 

Mr. Jackson of Fulton asked leave to introduce a 
bill for a first reading, which was not granted. 

Mr. Scott of Floyd offered the following resolutions, 
which were not taken up : 

1. Resolved by the General Assembly of the State of 
Georgia, That Rufns B. Bullock, so-called Governor 
of this State, who has resigned his office and fled the 
State, charged with high crimes, in intimating, as he 
does intimate, in a letter, bearing date 23d October, 
1871, addressed to his political friends and the people 
of Georgia, that a majority of the House of Repre- 
sentatives had pledged themselves to vote for articles 



THURSDAY, NOVEMBER 2, 1871. 9 

of impeachment against him, without investigation, 
and that the Senate had determined to unseat a suffi- 
cient number of Republican Senators to secure his con- 
viction, without regard to the truth and validity of the 
charges, has grossly defamed this General Assembly, 
by charges which are utterly false. 

2. That the statement in the same letter, to the effect 
that any known portion of the people of Georgia have 
recently denounced or ignored the Constitution of the 
United States, is utterly false and defamatory of the 
people of this State. 

3. That there is a vacancy in the office of Governor 
of said State, and that, in the opinion of this General 
Assembly, Hon. L. N. Trammell, President of the Sen- 
ate, is the person who is entitled ex officio, as such 
President is entitled under the Constitution of this 
State, to exercise the powers of the Executive Depart- 
ment during the continuance of said vacancy 

4. That a joint committee of two from the House and 
one from the Senate be appointed to wait on the Hon. 
Benjamin Conley," who, as former President of the Sen- 
ate, is now exercising the powers of the Executive De- 
partment, and communicate to him the third of these 
resolutions, and report what he may answer thereto. 

On motion of Mr. Phillips of Echols, the House ad- 
journed until to-morrow at 10 o'clock a. m. 



Atlanta, Geoegia, 
Thursday, November 2, 1871. 

The House met pursuant to adjournment, and was 
called to order by the Hon. J. M.. Smith, Speaker. 

The proceedings were opened with prayer by the 
Rev. W H. Strickland. 



10 JOURNAL OF THE HOUSE. 

On motion of Mr. Hudson of Schley, the calling o 
the roll was dispensed with. -■ 

The Journal of yesterday was read and appr° v 

Mr. Joiner, Representative elect from the county of 
Dougherty, and Mr. Flynt, Representative elect from 
the county of Taliaferro, presented themselves, and 
were sworn in. 

The House proceeded to the election of a Messenger, 
the members voting viva voce, and on receiving and 
adding up the votes, it appeared that Jesse Oslin had 
received one hundred and thirty-two votes, and A. H. 
Gfaston twenty-two. Whereupon, Jesse Oslin was de- 
clared elected Messenger, and duly qualified as such. 
The House proceeded to the election of a Door- 
Keeper, the members voting viva voce, and on receiving 
and adding up the votes, it appeared that W J. Born 
had received one hundred and twenty-three votes ; H. 
Reese, nineteen ; B. F Porter, seven ; W L. Clay, 
five ; J F Grant, one ; and H. S. Harris, one. Where- 
upon, W J. Born was declared elected Door-Keeper, 
ind duly qualified as such. 

Mr. McMillan of Habersham offered the following 
resolution : 

Resolved, That a committee of three be appointed to 
svait upon the clergy of this city, and secure the offices 
H a Chaplain to the House. 

Mr. Hoge of Fulton offered the following as a sub- 
stitute: 

Resolved, That the Speaker be authorized and re- 
quested to appoint a Chaplain to the House of Repre- 
sentatives. 

The substitute was adopted. 

Mr. Scott of Floyd, offered the following resolution, 
yhich was adopted : 



THURSDAY, NOVEMBER 2, 1871. 11 

Resolved, That the reporters of the several news- 
papers in this State shall have the freedom of this floor, 
and that desks be provided for them, not to exceed one 
desk and reporter for each newspaper. 

Mr. Sneed of Richmond offered the following reso- 
lutions : 

Resolved, That the Speaker appoint a committee of 
seven to prepare and report rules for the government 
of this House. 

Resolved, That the rules adopted in 1870 be recog- 
nized as the rules by which this House shall be con- 
trolled, until the report of said committee is made and 
adopted. 

The resolutions were adopted, and the Speaker an- 
nounced the following gentlemen as composing said 
committee : Messrs. Sneed, McMillan, Philips of Ech- 
ols, Hall of Upson, McWhorter, and Pou. 

Mr. Scott of Floyd, offered the following resolution : 
which was adopted. 

Resolved, That, until the adoption of rules, the hour 
of meeting of this House shall be ten o'clock a. m. 

Mr. Goldsmith of DeKalb offered the following 
resolution, which was adopted : 

Resolved, That the portion of the gallery fronting 
the Speaker's desk be specially set apart for the use of 
the ladies. 

The Speaker announced that the committee on the 
Bibb county contested election are, Messrs. McMillan 
of Habersham, W D. Anderson, of Cobb, Rutherford 
of Crawford, Berrien of Burke, Hendley of Pulaski, 
McWhorter of Greene, Griffin of Twiggs. 

Leave of absence was granted Mr. George F. Page ofi 
Lee, on account of sickness. 



12 JOURNAL OF THE HOUSE- 

Leave of absence, for a few days, was g 1 ' 
Bateman of Taylor. . 

Mr. Simmons of Gwinnett, offered the following leso- 

lution : 

Resolved, That the members of the House retain 
their present seats during the session. 

Mr. W D. Anderson of Cobb, offered the following 
as a substitute : 

Resolved, That this House proceed to the drawing of 
seats for the session, the drawing to be by counties. 

Mr. McWhorter of Greene, offered the following as 
a substitute for both : 

Resolved, That the first business for to-morrow (Fri- 
day) will be the drawing of seats by the members of 
the House. 

Mr. McWhorter' s substitute was adopted. 

Mr. Jackson of Fulton introduced a bill to be enti- 
tled an act to repeal an act entitled an act to make it 
lawful for the legal voters of the city of Atlanta to vote 
for Mayor in any one of the wards of said city : Pro- 
vided, no person shall vote but one time at the same 
election, and to prevent any person from voting for 
Concilmen for any other ward than the one in which 
he actually resides at the time of voting, assented to 
October 25, 1870, which was read the first time. 

Mr. Lang of Lincoln introduced a bill to be entitled 
an act to alter the law in relation to interest on money, 
which was read the first time. 

Mr. Simmons of Gwinnett introduced an act to make 
it a penal offence for a laborer to abandon his employer 
before the expiration of the term he contracted to labor, 
and for other purposes, which was read the first time. 

Mr. Hudson of Schley introduced a bill to alter and 
amend the 256th section of tne Uode, aud to require all 



FRIDAY, NOVEMBER 3, 1871. 13 

writs and bills in equity to be recorded before termina- 
tion of suit, which was read the first time. 

On motion of Mr. McWhorter of Greene, the Clerk 
was instructed to inform the Senate that the House had 
been organized by the election of the Hon. James M. 
Smith, of Muscogee, as Speaker, and James D. Wad- 
dell, of Cobb, as Clerk, and was now ready to proceed 
to business. 

On motion of Mr. Hudson of Schley, the House ad- 
journed till 10 o'clock a. m. to-morrow. 



Atlanta, Georgia, 
Friday, November 3, 1871. 

The House met at 10 o'clock a. m.. and was called 
to order by the Speaker. 

Prayer by Rev W H. Strickland. 

On motion of Mr. Phillips of Echols, the calling of 
the roll was dispensed with. 

Mr. J. D. Woodall, Representative elect from the 
county of Talbot, and Mr. Abram Dukes, Representa- 
tive elect from the county of Morgan, appeared and 
were sworn in. 

The Journal of yesterday was read and approved. 

Mr. Riley of Lumpkin moved to reconsider the 
granting of a leave of absence to Mr. Page of Lee, 
which was done on yesterday 

Mr. Jones of Macon moved to lay the motion to re- 
consider on the table. Lost. 

Mr. Simmons of Gwinnett moved, as a substitute for 
so much of the Journal of yesterday as granted leave 
of absence to Mr. Page, the following resolution : 

Mesolwd, That a committee of three be appointed 



14 JOURNAL OF THE HOUSE. 

by the Speaker of the House, to inquire into the cause 
of the absence of Mr. Page, one of the members from 
the county of Lee, and to report to this House the 
result of such investigation to-morrow morning, imme- 
diately after the reading of the Journal. 

The motion to reconsider prevailed. 

Mr. Simmons' resolution was then adopted, and the 
Speaker announced the following gentlemen as the 
committee appointed thereunder : Messrs. Simmons of 
Grwinnett, Riley, and McWhorter. 

The following message was received from the Senate, 
through Mr. Hill, their Secretary : 

Mr. Speaker: 

I am directed by the Senate to inform the House of 
Representatives that the Senate has been organized by 
the election of the Hon. L. N. Trammell, Senator elect 
from the Forty -third Senatorial District, as President, 
and Thomas W J. Hill, of the county of Fulton, as 
Secretary, and is now ready to proceed to business. 

Mr. Phillips of Echols offered a resolution, that the 
Hon. Wright Brady of Sumter be allowed to retain 
his present seat during the session, on account of his 
ill health. Adopted. 

Mr. Hoge of Fulton moved to suspend the order of 
business, which was the drawing of seats under the 
resolution of yesterday, for the purpose of offering a 
resolution. Lost. 

The House proceeded to the drawing of seats, the 
drawing being by counties. 

Mr. Hoge of Fulton offered the following resolution : 

Both houses of the General Assembly being now 
organized and ready to proceed to business, and the 
Hon. Benjamin Conley being in possession of the Ex- 
ecutive office, and in the actual exercise of the Execu- 
tive powers of this State ; 



FRIDAY, NOVEMBER 3, 1871. 15 

Resolved, That lie be waited on by a joint commit- 
tee, consisting of two members of the Senate and 
three members of the Honse of Representatives, and 
informed that the General Assembly is ready to receive 
from him any communication he may have to submit. 

Mr. Cumming of Richmond offered the following as 
a substitute : 

Whereas, Rufus B. Bullock, late Governor of this 
State, on the 30th of October, ultimo, resigned the 
office of Governor, and turned over to the Hon. Benja- 
min Conley, heretofore President of the Senate, the 
Executive Department of this State ; 

And whereas, Article four, section one, paragraph 
four of the Constitution of this State provides, that on 
the resignation of the Governor, the President of the 
Senate shall exercise the Executive powers of the gov- 
ernment ; 

And whereas, The Hon. Leonidas N. Trammell, on 
the first day of November, instant, was duly elected 
and qualified President of the Senate. 

Therefore be it resolved by the General Assembly of 
the State of Georgia, That, in the opinion of the Gen- 
eral Assembly, the Hon. Leonidas N Trammell is en- 
titled, under the Constitution of this State, to exercise 
the Executive powers of the government, until provi- 
sion is made by law and an election held in accordance 
with such provision, for filling the unexpired term of 
Rufus B. Bullock, late Governor. 

Resolved, That copies of this preamble and of these 
resolutions be transmitted to the Hon. Benjamin Con- 
ley and the Hon. Leonidas N Trammell, and that they 
be respectfully requested to inform the General Assem- 
bly of their action in view of these resolutions. 

Mr. Scott of Floyd moved the adoption of the sub- 
stitute. 
Mr. Pierce of Hancock called the previous question. 



16 JOURNAL OF THE HOUSE. 

The call was sustained, and the question recurred on 
the resolutions of Mr. Cummihg. 

Mr. Scott of Floyd called for the yeas and nays. 



Those voting in the affirmative : 


are Messrs. — 


Anderson, 


William D 


., Flynt, 


McMillan, 


Anderson, 


William P 


'., Goldsmith, 


Meadows, 


Baker of Pike, 


Guerry, 


Netherland, 


Ballanger, 




Guyton, 


Paxton, 


Barksdale, 




Hammond, 


Pierce, 


Barron, 




Heidt, 


Roundtree, 


Brawner, 




Jackson, 


Russell, 


Butts, 




Johnson of Clay, 


Scott, 


Clark of Richmond, 


Jones of Hart, 


Sellers, 


Cleghom, 




Kennedy, 


Slaton, 


Curnming, 




Killion, 


Snead, 


Dell, 




Knoles, 


Stovall, 


Edwards, 




Lamkin, 


Woodward, 


Farmer, 




Lang, 


Wynn. 


Those 


voting in the negative are 


s Messrs. — 


Allred, 




Collins, 


Howell, 


Atkinson, 




Converse, 


Hooks, 


Baker of Bryan, 


Cox, 


Hudson, 


Battle, 




Craig, 


Hughes, 


Beaseley, 




Crittenden, 


Hunter, 


Bell, 




Davenport, 


Jenkins, 


Berrien, 




Davis of Clarke, 


Johnson of Spalding, 


Blue, 




Davis of Newton, 


Joiner, 


Booth, 




Dukes, 


Jones of Gwinnett, 


Bowie, 




Emerson, 


Jones of Macon, 


Braddy, 




Etheridge, 


Jones of Terrell, 


Brady, 




Fain, 


Lewis, 


Brewton of Tatnall, 


Field, 


Lipsey, 


Bruton of Decatur, 


Floyd, 


Mann, 


Brown, 




Franklin, 


Mansfield, 


Bunn, 




Glover, 


Martin, 


Bush, 




Goodman, 


Mattox, 


Campbell, 




Graham, 


McConnell, 


Carlton, 




Gray, 


McNeal, 


Cato, 




Griffin of Houston, 


McWhorter, 


Chancey, 




Griffin of Twiggs, 


Moreland, 


Chastain, 




Hall of Upson, 


Morris, 


Clark of Troup, 


Head, 


Morrison, 


Clower, 




Hendley, 


Murphy of Burke, 


Cody, 




Hillyer, 


Murphy of Harris, 


Colby, 




Hoge, 


Oliver, 



Richards, 


Tarver, 


Richardson, 


Taylor, 


Riley, 


Trammell, 


Rutherford, 


Watters, 


Sargent, 


West, 


Simmons of Gwinnett, 


Whatley, 


Simmons of Hall, 


Williams, 


Simmons of Houston, 


Wilson, 


Smith of Coweta, 


Woftord of Banks, 


Smith of Oglethorpe, 


Wofford of Bartow, 


Spence, 


Wood, 


Summers, 


Woodall, 



FRIDAY, NOVEMBER 3, 1871. 17 

O'Neal, 

Ormond, 

Palmer, 

Patillo, 

Paulk, 

Payne, 

Peeples, 

Pentecost, 

Phillips, 

Pou, 

Putney, 

Rawls, 

Renfroe, 

Yeas, 41. Nays, 115. 

So the substitute of Mr. Cumming was lost. 
The resolution of Mr. Hoge was then adopted. 

The following message was received from the Senate, 
through Mr. Hill, their Secretary : 

Mr Speaker: 

The Senate has agreed to a resolution appointing a 
committee of two on the part of the Senate, and three 
on the part of the House of Representatives, to wait 
on the Hon. Benjamin Conley, and inform him that 
both branches of the General Assembly are now organ- 
ized and ready to receive from him any communication 
which he may have to submit, and have appointed, on 
the part of the Senate, as such committee, Messrs. Les- 
ter and Brock. 

The resolution of the Senate, providing for a joint 
committee to inform the Hon. Benjamin Conley of the 
organization of the General Assembly, was concurred 
in by the House, and the following gentlemen were ap- 
pointed as such committee on the part of the House : 
Messrs. Hoge of Fulton, Hall of Upson and Clark of 
Richmond. 

Mr. Guyton of Laurens was granted leave of absence, 
after to-day, until Monday next. 

Mr. Hunter of Brooks offered the following resolu- 
tion: 

3 



18 JOURNAL OF THE HOUSE. 

Resolved, That the Legislature will proceed at once 
to provide for the election of Governor in terms of the 
Constitution of this State. 

Mr. Hall of Upson introduced a bill to be entitled 
an act to provide for a special election for Governor to 
fill the unexpired term of Rufus B. Bullock, late Gov- 
ernor, and for other purposes, which was read the first 

time. 
Mr. Jackson introduced the following resolution : 

Resolved, That Rufus B. Bullock, late Governor of 
the State of Georgia, who has resigned his office, and 
left the State under circumstances creating grave sus- 
picion that he is guilty of high crimes and misde- 
meanors, has, in charging, in a letter bearing date 23d 
October, 1871, addressed to his political friends and 
the people of Georgia, that a majority of the House of 
Representatives had pledged themselves to vote for ar- 
ticles of impeachment against him without investiga- 
tion, and that the Senate had determined to unseat a 
sufficient number of Republican Senators to secure his 
cdnviction, without regard to the truth and validity of 
of the charges, defamed this General Assembly by 
charges which are untrue. 

That the statement in the same letter to the effect, 
that the people of Georgia have recently denounced or 
ignored the Constitution of the United States, is false 
and defamatory of the people of this State. 

On the contrary, we assert that the people of this 
State do now, as they did six months ago, (when, ac- 
cording to the letter of the said Rufus B. Bullock, 
they were peaceably disposed,) acquiesce in the result 
of the war, and neither entertain any hostility towards 
the United States, nor deny to any person within the 
limits of the State the equal protection of the laws. 

Mr. Jackson moved to call up the original resolutions 
on this subject, offered by Mr. Scott on yesterday, and 
the adoption of the foregoing resolution as a substitute 
for the same. 



FRIDAY, NOVEMBER 3, 1871. 
The yeas and nays were called for. 
Those voting in the affirmative are Messrs. — 



19 



Anderson, William D. 

Anderson, William P. 

Baker of Bryan, 

Baker of Pike, 

Ballanger, 

Barksdale, 

Barron, 

Beaseley, 

Bell, 

Berrien, 

Booth, 

Bowie, 

Braddy, 

Brady, 

Brawner, 

Brewton of Tatnall, 

Bryan, 

Bunn, 

Bush, 

Butts, 

Carlton, 

Cato, 

Chancey, 

Chastain, 

Clark of Richmond, 

Clark of Troup, 

Cleghorn, 

Clements, 

Cody, 

Converse, 

Cox, 

Craig, 

Crittenden, 

Gumming, 

Davenport, 

Davis of Newton, 

Dell, 

Edwards, 

Emerson, 

Etheridge, 

Fain, 

Farmer, 

Field, 

Flynt, 



Franklin, 

Glover, 

Goldsmith, 

Goodman, 

Graham, 

Gray, 

Griffin of Twiggs, 

Gueny, 

Guyton, 

Hall of Upson, 

Hancock, 

Harvey, 

Head, 

Heidt, 

Hendley, 

Hoge, 

Howell, 

Hooks, 

Hudson, 

Hughs, 

Hunter, 

Jackson, 

Jenkins, 

Johnson of Clay, 

Johnson of Spalding, 

Jones of Gwinnett, 

Jones of Hart, 

Jones of Terrell, 

Kennedy, 

Killion, 

Knoles, 

Lampkin, 

Lang, 

Lipsey, 

Mann, 

Martin, 

Mattox, 

McConnell, 

McMillan, 

McNeal, 

McWhorter, 

Meadows, 

Moreland, 

Morris, 



Morrison, 

Murphy of Burke, 

Murphy of Harris, 

Netkerland, 

Palmer, 

Patillo, 

Paulk, 

Paxton, 

Payne, 

Peeples, 

Pentecost, 

Phillips, 

Pierce, 

Pou, 

Rawls, 

Renfroe, 

Richards, 

Riley, 

Roundtree, 

Russell, 

Rutherford, 

Scott, 

Sellers, 

Simmons of Gwinnett, 

Simmons of Hall, 

Slaton, 

Smith of Oglethorpe, 

Sneed, 

Spence, 

Stovall, 

Summers, 

Tarver, 

Taylor, 

Trammell, 

Watters, 

West, 

Whatley, 

Wilson, 

Wofford of Banks, 

WofFord of Bartow, 

Wood, 

Woodward, 

Wynn, 

Mr. Speaker. 



20 JOURNAL OF THE HOUSE. 

Those voting in the negative are Messrs.- 



Allred, 


Dukes, 


Oliver, 


Atkinson, 


Floyd, 


O'Neal, 


Blue, 


Griffin of Houston, 


Ormond, 


Bruton of Decatur, 


Hammond, 


Putney, 


Brown, 


Hillyer, 


Richardson, 


Campbell, 


Joiner, 


Simmons of Houston, 


Clower, 


Jones of Macon, 


Smith of Coweta, 


Colby, 


Lewis, 


Williams. 


Davis of Clarke, 






Yeas, 132. Nays, 


24. 





So Mr. Jackson's substitute was adopted. 

On moiion of Mr. Scott, the rules were suspended, 
and the Speaker allowed to record his vote on the 
adoption of Mr. Jackson' s substitute. 

Leave of absence "was granted to Mr. Woodall of 
Talbot, on account of affliction. 

Mr. Brady introduced an act to make the purchase, 
sale, receipt or delivery of agricultural produce be- 
tween the hours of sunset and sunrise unlawful in cer- 
tain counties. 

Leave of absence was granted Mr. Brady, on account 
of sickness. 

Leave of absence was granted Mr. Pierce, until Mon- 
day morning next. 

Leave of absence was granted Mr. Wofford of Banks, 
for a few days. 

Mr. Scott introduced a bill to be entitled an act to 
appoint commissioners to investigate the affairs of this 
State, etc. 

Mr. McMillan moved that the Clerk of the House be 
authorized and instructed to make a special contract 
for the printing of two hundred copies of said bill. 

Mr. Hoge called the previous question, which was 
sustained, and the motion of Mr. McMillan prevailed. 



SATURDAY, NOVEMBER 4, 1871. 21 

On motion, the rules were suspended, and Mr. Jack- 
son' s bill on the Atlanta municipal election was read 
the second time and committed. 

On motion of Mr. Hall of Upson the House ad- 
journed until 10 o'clock a. m. to-morrow. 



ATLANTA, GEORGIA, 

Saturday, November 4, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev. Dr. Shaver. 

The Journal of yesterday was read and approved. 

Mr. W D. Anderson was allowed to record his vote 
in the affirmative on the resolution of Mr. Jackson, 
adopted yesterday. 

Mr. John J Kelly, Representative elect from the 
county of Chatham, appeared and was sworn in. 

Mr. Simmons of Gwinnett, chairman of the commit- 
tee to investigate the leave of absence granted Mr. 
Page of Lee, made the following report, which was 
adopted : 

The committee appointed to inquire into the matter 
of the application for a leave of absence for George F 
Page, a member of this House from the county of Lee, 
after having investigated the circumstances connected 
therewith, respectfully recommend the adoption of the 
following resolution, to-wit : 

Hesolved, That the application for a leave of absence 
for George F Page, a member of this House from the 
county of Lee, do not be granted. 



22 JOURNAL OF THE HOUSE. 

On motion of Mr. Jackson, the rules were suspended, 
andthebill on the Atlanta municipal election ^read third 
time, and passed, and ordered to be transmitted to the 
House forthwith. 

The committee on rules made the following report: 

Mr, Speaker: 

The committee appointed to report rules for the gov- 
ernment of this House, beg leave to report, and recom- 
mend for adoption, the rules of the House of Repre- 
sentatives in session in the year 1870, with the follow- 
ing amendments : 

1. Strike out the fourth paragraph under the caption, 
" Duties of Speaker," and insert in lieu thereof the 
following : 

All committees shall be appointed by the Speaker, 
unless otherwise ordered by the House. 

2. Strike out the eighth paragraph under the caption, 
"Miscellaneous rules of the House." 

3. Insert between the seventeenth and eighteenth 
paragraphs, under the caption, "Miscellaneous rules 
of the House," the following: 

The Speaker shall appoint the following standing 
committees : 

On Judiciary. 

On Finance. 

On State of the Republic. 

On Internal Improvements. 

On Agriculture and Manufactures. 

On Privileges and Elections. 

On Enrollment. 

On Journals. 

On Military Affairs. 

On Banks. 

On Public Expenditures. 

On Education. 

On Deaf and Dumb Asylum. 

On Blind Asylum. 



SATURDAY, NOVEMBER 4, 1871. 23 

On Lunatic Asylum. 

On Penitentiary. 

On Auditing. 

On New Counties and County Lines. 

On Public Printing. 

4. Insert under caption of "Miscellaneous Rules of 
the House," the following: 

"No person shall be allowed to enter upon the floor 
of this House, except the members and officers thereof, 
the Senate and members thereof, and the heads of the 
offices of the Executive Department, unless otherwise 
ordered by this House." 

The committee further recommend that the numbers 
of the paragraphs affected by the above amendments 
be so altered as to conform to the changes thereby 

made. 

Claiborne Snead, Chairman. 

Mr. Scott moved to strike out the word ' ' Jefferson' s," 
in the rules of 1870, and insert " Gushing' s." 

The motion was withdrawn, but was renewed by Mr. 
Hudson and lost. 

Mr. Goldsmith moved to separate the Committee on 
Agriculture and Manufactures, which was lost. 

On motion of Mr. Rawls, the report of the commit- 
tee was adopted as a whole. 

The committee on the election in Bibb county made 
the following report : 

Mr. Speaker : 

The committee to whom was referred the matter of 
the doubtful election in the county of Bibb, and who 
were required to make a report of the names of the 
true members elect of your honorable body from said 
county, report: 

In the light of the laws relating to contested elections, 
guided by the legal evidence to them submitted by the 
House, as transmitted to its presiding officer from the 



24 JOURNAL OF THE HOUSE. 

Executive Department, and after a distinct announce- 
ment, at the hour of seven o'clock and fifty-five min- 
utes on Friday, the third instant, by each and every of 
the claimants of seats, that no evidence other than that 
above, was desired by them to be introduced, and fur- 
ther after hearing, fully, all of said claimants, each in 
the interest of his own cause, your committee conclude 
that Augustus O. Bacon, Charles A. Nutting and 
John B. Ross were elected, and that the said members 
elect now are entitled to their seats in the House of 
Representatives. 

Accordingly, your committee recommend the adop- 
tion of the following resolution : 

Resolved, That Augustus O. Bacon, Charles A. Nut- 
ting and John B. Ross, are hereby declared to be the 
members elect of this House from the county of Bibb, 
and that they now be sworn and seated as such. 

Garnett McMillan, Chairman. 

Mr. Rawls moved to make said report the special 

order for next Monday- 
Mr. Snead called the previous question. The call 

was sustained, and the motion of Mr. Rawls was lost. 
The report of the committee was adopted, and Messrs. 

Augustus O. Bacon, Charles A. Nutting and John B. 

Ross, Representatives elect from the county of Bibb, 

presented themselves and were sworn in. 

Mr. Netherland offered the following resolution, 
which was adopted : 

Resolved, That the Clerk of this House have three 
hundred copies of the rules adopted for the government 
of this House, printed for the use of the members. 

Mr. Gfraham offered the following resolution : 

Whereas, It is currently reported that Mr. L. C. 
Jones, who occupies a seat on this floor as a member 



SATURDAY, NOVEMBER 4, 1871. 25 

from the county of Macon, is a citizen of the county of 
Fulton, and resides therein : 

Be it therefore resolved, That the Committee on 
Privileges and Elections, so soon as they are appointed, 
be instructed to inquire into the facts in said case, and 
report thereon. 

Mr. Clower moved that the Messenger be required to 
procure and furnish each member of this House with 
a copy of the Journal of the House of Representatives 
of 1870. 

Which motion prevailed. 

The following message was received from his Excel- 
lency the Governor, through Mr. Atkinson, his Secre- 
tary, to-wit: 

Mr. Speaker: 

I am directed by his Excellency the Governor to 
deliver to the House of Representatives a communica- 
tion in writing. 

Which communication was taken up and read, and 
is as follows : 

Executive Depabtment, 
Atlanta, Ga., November 4, 1871 

To the Senate and House of Representatives : 

The unexpected resignation of his Excellency Gov- 
ernor Bullock has devolved upon me, as President of 
the Senate, the exercise of the functions pertaining to 
the Executive Department. 

In entering upon the discharge of this laborious and 
responsible task, at this exciting- period in our history, 
I can but express the diffidence which I feel in assum- 
ing this weighty responsibility I enter upon the dis- 
charge of these duties, however, with the fixed purpose 
that I will, during the limited period of my official 
term, do all in my power to promote peace, harmony 



26 JOURNAL OF THE HOUSE. 

and good will among our people, and to advance the 

best interests of the State. 

While it is well known to you and the people ot 
Georgia, that I have been, and am now, a consistent 
and unyielding Republican, I shall not, in the dis- 
charge of my Executive duties, permit politics to have 
anything whatever to do with my conduct. While in 
my present office, I am Governor of the whole people 
of the State, without regard to party distinctions ; and 
I invite all, without reference to race, color or party 
alliance who may have business connected with my 
department, to approach me freely and make known 
their wishes at any time, with the assurance that I will 
do all in my power to promote the interests of each in 
every matter pertaining to my official duties, to the 
extent of my ability 

It seems to me that we have had enough of wrang- 
ling and strife, and crimination and recrimination. 
The country needs repose and quiet, which can never 
be promoted by continually fomenting political strife. 
We have had experience enough to demonstrate that 
nothing has been gained to the people of the South by 
the adoption of a defiant and boisterous course, while 
the power rests in the Government, backed by a vast 
majority of the people of the Union. Under these cir- 
cumstances, it is my sincere wish that every depart- 
ment of the government of this State, and every class 
of people, may so shape their conduct that there may 
be no reason for any declaration of martial law, any 
suspension of the writ of habeas corpus, or any further 
reconstruction. If the people of the South will be 
law-abiding and law-enforcing, and lay aside all ex- 
treme measures, my opinion is that the day is not far 
distant when the Congress of the United States will 
proclaim, by act, universal amnesty, thereby restoring 
every citizen of the South to the full measure of citi- 
zenship, with all the rights pertaining to the same. 
This is a consummation devoutly to be hoped for at 
the earliest day possible. 



SATURDAY, NOVEMBER 4, 1871. 27 

FINANCES. 

A very large proportion of the property of the peo- 
ple of this State was destroyed by the late unfortunate 
war, leaving our people greatly impoverished, and very 
much discouraged. They have struggled, however, 
with an energy and zeal that are highly commendable. 
We see around us on every hand the signs of returning 
prosperity, which is very gratifying to the heart of 
every patriot. But the heavy burdens of the Govern- 
ment have a very depressing eifect. The taxes are 
much higher than they were before the war, while the 
property owned by the people of the State, upon which 
taxes are to be paid, is infinitely less. Under these 
circumstances, it is a question well worthy the atten- 
tion of every department of the Government how we 
may so administer the affairs of the State as to impose 
the lightest burdens upon the people, and secure the 
greatest efficiency in the administration of public af- 
fairs. In my opinion, it is the imperative duty of the 
Legislative and Executive Departments of the Govern- 
ment to do every thing that can be done, consistently 
with reason and an enlightened policy, to reduce tax- 
ation and remove the burdens under which our people 
now groan. To this end, it is my fixed purpose to 
curtail all unnecessary expenses in every matter con- 
nected with my department ; to cut off all supernumer- 
aries — if any be found — from positions, and to admin- 
ister the affairs of the Executive Department upon 
principles of the strictest economy, not expending a 
single dollar unless it is actually necessary to do so. 
In this matter I trust and believe I shall have the hearty 
co-operation of the General Assembly, and that you 
will so shape your legislation as to satisfy the people 
of the State that the Government is in the hands of 
those who have regard for their interests, and who are 
determined to remove from them every burden which 
is not absolutely necessary to be borne. And in this 
connection, I beg to state in advance that I can sanction 
no legislation of any character which looks to wasteful 



28 JOURNAL OF THE HOUSE. 

extravagance, or to an unnecessary expenditure of the 
people's money We must economise in such ways as 
to do justice to the tax-payers, and restore popular 
confidence in the Government, The public expendi- 
tures should not be enlarged, nor the public debt 
increased, unless upon the most solid and substantial 
considerations. 

On account of the short period since I entered upon 
my executive duties, I am unable to give to the Gen- 
eral Assembly a statement of the public debt, or to in- 
form you of the disposition made of the bonds of the 
State authorized by the General Assembly to be issued. 
I will, however, take prompt steps to inquire into the 
whole matter, and most earnestly urge upon the Legis- 
lative Department of the Government to make thor- 
ough investigation into this matter, and I will most 
cheerfully give all the aid of the Executive branch of 
the Government, so as to have this important subject 
fully and clearly understood. 

EXECUTION OF THE LAWS. 

It is well known to the General Assembly that vio- 
lations of the law, growing, in a great measure, no 
doubt, out of the demoralization which always follows 
from a war of the magnitude of that through which 
we have just passed, have been alarmingly frequent 
in this State, and it is certainly the duty of every pub- 
lic officer, and every good citizen, to do everything in 
his power to discountenance and check lawlessness and 
crime of every character. So long as popular senti- 
ment is not decided ripon this question, and criminals 
can feel that they have popular countenance, we can 
expect but little improvement. It, therefore, becomes 
the duty of the Executive, Legislative and Judicial 
Departments of the Government to take a firm and de- 
cided stand in favor of law and order, and to punish 
crime wherever it may be legally shown to exist, no 
matter whether the perpetrator may be high or low, 
rich or poor. To this end. the General Assembly 



SATURDAY, NOVEMBER 4, 1871. 29 

should enact such laws, if there be any defect in our 
present system, as are necessary to give the courts full 
power over this subject, and the courts and the juries 
should take hold of this matter with decision and 
energy, and teach criminals that the law cannot be vi- 
olated with impunity ; and it will be a source of pride 
and pleasure to me, while exercising the executive 
functions of the government, to aid, in every possible 
manner, in the execution of the laws, both civil and 
criminal. When a court and jury have investigated a 
case calmly and dispassionately, and the law has been 
administered impartially, the case will have to be an 
extreme one, having some features of mitigation that 
absolutely call for executive action, before I shall in- 
terfere and arrest the execution of the criminal laws. 
The safety, peace and prosperity of all depend upon 
the prompt and vigorous execution of the criminal 
laws in the present deranged condition of our society - 
In this matter, I shall cheerfully co-operate with the 
other departments of the government in all measnres 
intended to promote the public good, and to restore 
confidence and quiet, and I respectfully solicit the aid 
of all good citizens in every portion of the State, with- 
out regard to party affinities, race or color, in support 
of the government in this important work. Let us, by 
our conduct, show to the world that we are still capa- 
ble of self-government, and that there is virtue, intel- 
ligence and integrity enough among our people to 
secure all the ends for which government is instituted 
and maintained. If we will take this course, we will 
relieve much of the apprehension which exists at the 
present day, and will do much to restore confidence 
among our people, and secure immigration, the influx 
of capital and the general development of the resources 
of the State, and will thereby remove all possible pre- 
text for Federal interference of any character in our 
local affairs. 



30 JOURNAL OF THE HOUSE. 

POPI'LAR KDT'CATIOX. 

The General Assembly, at its last session, enacted a 
law providing for public schools in this State, which, 
in the main, 'meets mv hearty co-operation. The act, 
as is the case in the inauguration of every new system, 
probably has some defects which a year's reflection 
and practice may have suggested to those who are now 
intrusted with the responsible duty of representing the 
people. But I trust a system of popular education 
may meet with general favor, and commend itself to 
all. It is very important that we give our people the 
advantages of a liberal education in all cases where we 
have the means to do so, and that we should place 
within the reach of every citizen, the means ot acquir- 
ing the rudiments of a common English education. 
Our republican institutions rest upon the virtue and 
intelligence of the people, and it seems to me to be a 
patriotic duty to encourage the general diffusion of 
knowledge by every means within our power. 

In every country where a wise system of popular 
education has been adopted, the results have been such 
as to demonstrate the wisdom of the policy Take, as 
an illustration, the kingdom of Prussia, which was 
overrun and trampled under foot by Napoleon the 
Great. That then small, second-rate power, after the 
storm of revolution had swept over Europe, adopted 
the most liberal and extensive system of popular edu- 
cation of any other power upon that continent. The 
education of the children of Prussia was made com- 
pulsory Parents were not permitted to bring them up 
in ignorance. In France, where the arts and sciences 
have been encouraged and the higher branches of edu- 
cation have been carried to an extent scarcely equalled 
by any other country, popular education has been 
greatly neglected, and the result has been that in a 
little over half a century, the dejected and down-trod- 
den kingdom of Prussia has risen to the magnitude of 
a first-class power, and has humbled the mighty empire 
of France at her feet. It is not necessary f or nu , to 



SATURDAY, NOVEMBER 4, 1871. 31 

consume time by citing other instances. I presume 
that no intelligent man who has investigated this ques- 
tion, can doubt that in the education of the masses 
rests the greatest security of our Government in the 
future, and the greatest power for the development of 
our vast resources. 

I can but commend the wisdom and forethought of 
the late General Assembly in laying down as one fun- 
damental provision of the system in this State, that the 
different races shall be separate in the schools. We 
can have no mixed schools. It is not for the interest 
of either race that it should be so. While there should 
be equal justice done in the distribution of the public 
funds for the education of the children of both races, 
our schools should be separate, and our colleges should 
be separate. 

STATE UNIVERSITY AND AGRICULTURAL COLLEGE. 

I cannot too strongly commend to the General As- 
sembly the importance of a liberal endowment to our 
State University No one who reads the history of the 
State, and the provisions on the subject incorporated 
into the earlier constitutions, can doubt that it was the 
intention of our fathers to establish and maintain in 
Georgia a first-class university ; and it is a matter of 
deep regret that the people of Georgia have so long 
failed to carry out in all its munificence and magni- 
tude this grand scheme of those wise and great men 
who laid the foundations of our government. Under 
our present system, it becomes a matter of necessity 
that we develop to the highest extent the minds of our 
sons and daughters. We have vast physical resources, 
probably unsurpassed by any State in the Union, but 
they can never be fully developed until we have first 
developed the mental resources of the people. We 
must educate our sons for every department in life. 
It is not enough that we have, as in the past, a respect- 
able college where Latin and Greek and the other 
studies connected with the old college curriculum are 



32 JOURNAL OF THE HOUSE. 

taught. Under our present system, we need not only- 
educated lawyers, doctors and divines, but we need 
educated farmers, mechanics and chemists, and edu- 
cated men in every department of life, and we need an 
institution in our own State, where the young men 
of Georgia can be prepared for these various depart- 
ments. In other words, we need a university where 
those who are studying for the law or for the ministry, 
may be taught Latin and Greek, and all the branches 
necessary to accomplish them in the pursuit which 
they have chosen. But, connected with this, we need a 
school of medicine, where a young man desiring, after 
he has graduated in college, to make the practice of 
medicine his avocation, can completely prepare him- 
self for that field of usefulness. This might be done 
by connecting with the university one or more of our 
present medical colleges. We already have a law 
school connected with the university. We need also 
a department where civil engineering can be taught to 
greater advantage, than we are now able to teach it. 
We need a department where applied chemistry and 
applied mathematics can be taught as fully as in any 
other institution, so that a young man who desires to 
make himself a practical chemist, can get his educa- 
tion at home ; or, if he desires to make himself a mas- 
ter mechanic he can be educated for that department ; 
(or, if he desires to become an architect he can be ac- 
complished for that department,) and so with every 
useful branch of knowledge. In this way, the State 
of Georgia would be able to educate all her sons at 
home, and to draw within her bosom, to receive a lib- 
eral education, hundreds and even thousands of the 
youth of other Southern States. The endowment for 
this purpose should be a liberal one, which might well 
be made by issuing bonds of the State, having fifty or 
an hundred years to run, payable to the university, 
the interest only to be paid annually, and the amount 
should be large enough to endow every professorship 
necessary to make the university such an one as Geor- 
gia might well be proud of. 



SATURDAY, NOVEMBER 4, 1871. 33 

In connection with this, a system should be estab- 
lished by the erection of mess-halls or otherwise, which 
would afford board to the students at the university at 
the lowest possible rate, and in all the practical de- 
partments of the university not taught in the other 
colleges of the State, tuition should be made free so as 
to enable the sons of the poorest men in the State, who 
have intellect and capacity, to enjoy all the advantages 
necessary to fit them for a high degree of usefulness. 
Under our old system, the advantages of a collegiate 
and even a liberal education were confined almost ex- 
clusively to the sons of the wealthy . Many of the 
sons of the poorer class are every way their equal in 
point of intellect and moral worth, and there is no just 
reason why they should be excluded from these im- 
portant advantages. It therefore becomes the duty of 
the State to see to it that those who are bright, intelli- 
gent, promising boys, who would make men of future 
usefulness, have the advantages of a liberal education 
at the public expense. Their course in after life would 
soon demonstrate that the money was well expended, 
and it would be paid back to the State in the develop- 
ment of her resources and the advancement of her 
interests, with a hundred fold added. 

In my judgment, there is no possible way in which 
half a million, or even a million, of dollars could be 
invested which would ' dound so much to the future 
glory, grandeur and <: : . atness of our noble old State. 
I especially common. L this matter to the earnest and 
serious consideration of this General Assembly 

In recommending the endowment of the State Uni- 
versity, I intend notlii ■ unfriendly to the denomina- 
tional colleges. Th> r ,iave done much to elevate the 
standard of education in Georgia, and have been and 
still are institutions of which not only the denomina- 
tions to which they belong, but the whole people of 
the State, may be justly proud. I would say, therefore, 
to our people, patronize them much more liberally 
than heretofore. Let them go forward in their career 
3 



34 JOURNAL OF THE HOUSE. 

of usefulness. But when they have turned out a 
young man as a graduate who desires to enter upon 
any profession or calling, for which his education there 
has not fully fitted him, let the university of our own 
State be open to him, that he may go there and com- 
plete his education. In this manner, the whole sys- 
tem may be harmonized, and all of our colleges work 
together with a good understanding, each aiding the 
other in its noble work. 

If the Legislature should think proper to endow the 
the university liberally in the manner proposed, it 
would then, in my judgment, be good policy to turn 
over to the State Agricultural Society the Land Scrip 
which has been generously donated by the Congress of 
the United States and to permit said society, as the 
trustee of the State, to endow an Agricultural College 
at Milledgeville, with a branch at Dahlonega, where 
all that pertains to a practical agricultural education 
may be obtained by the youth of our State. In this 
manner all conflict upon this question will be recon- 
ciled, and all conflicting interests served in a manner 
that would tend to the future growth and prosperity of 
the State. 

Before dismissing this subject, I would further re- 
mark that justice demands an endowment of the At- 
lanta University for the colored population of our 
State, which will be sufficient to provide for all their 
wants at their present stage of advancement. By 
making reasonable provision for them and building up 
their college in this State, we forever settle the vexed 
question which would become a very troublesome one 
if they should seek admittance into the University of 
the State, and carry out the good understanding which 
has already been inaugurated between the two races, 
that not only their schools but their colleges are to be 
kept perpetually separate and distinct from each other. 

THK STATE DEBT. 

The reports of the Comptroller General and Treasurer 



SATURDAY, NOVEMBER 4, 1871. 35 

will be laid before you at an early day. On account 
of the pressure of other duties to Avhich I have been 
subject since I entered upon the discharge of the Exec- 
utive functions, I have had no time to examine them 
carefully and prepare any comments upon them. They 
will, however, doubtless give you a correct statement 
of the present indebtedness of the State. 

While I regret that our liabilities have been increased 
to the amount already reached, and would advise great 
caution upon this subject in the future, I cannot too 
strongly impress upon you the convictions of my own 
mind as to the importance of maintaining the public 
faith inviolate. No State in the Union has maintained 
a higher or more unsullied character for integrity and 
the faithful performance of her obligations, in connec- 
tion with all financial matters, than our own beloved 
Georgia ; and whatever may be the burdens to which 
we are now subject, and whether wisely or unwisely 
incurred, we should meet them with that spirit of in- 
tegrity and honor which has always characterized the 
people of Georgia, and their representatives who have 
been our predecessors, and which will, I trust, always 
continue to be a subject of just pride. Whatever may 
be our misfortunes, or our depressed condition, let it 
never be said that the State of Georgia has violated her 
plighted faith, or failed to regard as sacred and meet 
promptly all her legal and moral obligations. 

In concluding this communication, I desire again to 
urge upon you the importance of moderation, wise 
caution and harmony in all our official action, and 
sincerely invoke the blessings of Almighty God upon 
our beloved State. 

Benjamin (Donley, Goner nor 

On motion of Mr. Phillips, the several subjects men- 
tioned in the foregoing communication from his Excel- 
lency the Governor, were referred to the appropriate 
committees of this House. 



36 JOURNAL OF THE HOUSE. 

On motion of Mr. Rawls, the Clerk proceeded to call 
the roll of counties, and the following bills were read 
the first time : 

By Mr. Peeples of Berrien— 
A bill to provide for the election of a Governor. 
Also, a bill to repeal an act passed by the General 
Assembly of 1870. 
By Mr. Russell of Chatham— 

A bill to explain and alter sections 244 and 4841 of 
the Revised Code of Georgia. 

Also, a bill to alter and amend section 3644 of Irwin's 
Code, relating to fees of Clerk of the Superior Court, 
so far as relates to the county of Chatham. 
By Mr. Pentecost of Carroll — 
A bill to change the line between the counties of 
Carroll and Douglas, and to add a portion of the 
county of Douglas to the county of Carroll, and for 
other purposes therein named. 
By Mr. Payne of Catoosa — 

A bill to fix the compensation of the members of the 
General Assembly 

Also, a bill to require defendants in actions for the 
recovery of real estate to file an abstract of the title on 
which they rely 
By Mr. Lamkin of Columbia — 
A bill to be entitled an act to restore the jurisdiction 
of Notaries Public and Justices of the Peace in the 
Twenty-Ninth Senatorial District, as it existed before 
the law creating a District Court in said district. 
By Mr. Richards of Cherokee — 
A bill to be entitled an act to fix the per diem pay of 
the members of the General Assembly - 
By Mr. Stovall of Columbia — 

A bill to be entitled an act to change the time of 
holding the Superior Courts in the counties of Colum- 
bia and McDuffie, State of Georgia. 
By Mi-. Goldsmith of DeKalb— 
A bill to be entitled an act to alter and amend sec- 
tion 178 of Irwin's Revised Code. 



SATURDAY, NOVEMBER 4, 1871. 37 

Also, a bill to be entitled an act to incorporate the 
Van Wert Slate Mining Company, and for other pur- 
poses. 

Also, a bill to be entitled an act to alter and amend 
section 2023 of Irwin' s Revised Code. 

Also, a bill to be entitled an act to compensate grand 
and traverse jurors of the Superior Court of DeKalb 
county, and to authorize the Tax Collectors to receive 
jury certificates for county taxes, and to pay Consta- 
bles who serve during the sessions of DeKalb Superior 
Courts. 

Also, a bill to incorporate the Excelsior Slate Mining 
Company of the county of Polk. 

Also, a bill to repeal an act entitled an act to extend 
the lien of set-off and recoupment, etc. 

By Mr. Woodward of Dooly — 

A bill to repeal an act entitled an act to organize the 
District Court, etc. 

By Mr. Rawls of Effingham — 

A bill to create the office of County Commissioners, 
and prescribe their duties. 

Also, a bill to alter and amend the road laws of this 
State. 

By Mr. Franklin of Fannin — 

A bill to authorize the voters of Fannin county to 
elect an Ordinary. 

By Mr. Scott of Floyd— 

A bill to amend charter of the Memphis Branch 
Railroad Company. 

Also, a bill to amend an act entitled an act to au- 
thorize the Mayor and Council of the city of Rome to 
subscribe not exceeding one hundred thousand dollars 
of stock in the Memphis Branch Railroad Company 

Also, a bill to create a Board of Commissioners in 
the county of Floyd. 

Also, a bill to order a special election for a Governor 
of this State. 

Also, a bill to incorporate the Rome & Raleigh Rail- 
way Company 



38 JOURNAL OF THE HOUSE. 

By Mr. Jackson of Fulton— 
A bill to exempt firemen from jury duty. 
Also, a bill to amend section 3687 of the Revised 
Code of Georgia. 
By Mr. Hoge of Fulton— 

A bill to amend an act to authorize the Mayor and 
Council of the city of Atlanta to provide for the intro- 
duction of water-works in said city. 

Also, a bill to authorize the payment of ten per cent. 
interest on one hundred bonds of one thousand dol- 
lars each, by the Scofield Rolling Mill Company, and 
make legal and binding the contract for the payment 
thereof. 
By Mr. Braddy of Glascock — 

A bill to repeal an act entited an act to change the 
county of Glascock from the Northern to the Middle 
Judicial Circuit. 
By Mr. Simmons of Gwinnett — 
A bill to repeal an act entitled an act to extend the 
lien of set-off and recoupment. Approved October 13, 
1870. 

Also, a bill to authorize the Tax Collector of Gwin- 
nett county, Georgia, to pay over to the Ordinary of 
said county, the State tax collected by him for the year 
1871. 

Also, a bill to alter the road laws of this State, so 
far as applicable to the county of Gwinnett, and to 
amend sections 649 and 699 of Irwin' s Code of Georgia. 
Also, a bill to be entitled an act to protect all per- 
sons in this State in their civil rights, and to furnish 
the means of their vindication. 

On motion, two hundred copies of this bill were or- 
dered to be printed. 
By Mr. Head of Haralson — 

A bill to repeal an act entitled an act to repeal an 

act to organize a criminal court for each county in this 

State, assented to 7th of October, 1868, and the several 

acts amendatory thereof. 

Also, a bill to repeal an act entitled an act to organ- 



MONDAY, NOVEMBER 6, 1871. 39 

ize the District Court, and to define its jurisdiction, and 
for other purposes. 

Also, a bill to repeal an act entitled an act to declare 
the poll tax of this State for the years 1868, 1869 and 
1870, yet uncollected, illegal, and to prevent the col- 
lection of the same. 

By Mr. Murphy of Harris — 

A bill to repeal an act entitled an act to organize the 
District Court, and define its jurisdiction, and for other 
purposes. f Approved October 28, 1870. 

By Mr. Beasely of Jefferson — 

A bill to be entitled an act to lay out and form a 
new county, by the division of the county of Jefferson, 
and to organize the same. 

Leave of absence was granted Messrs. McWhorter 
and Moreland, on account of sickness in their families. 

Mr. Scott offered the following resolution, which was 
adopted : 

liesolved, That until further ordered, this House will 
meet at 10 a. m., and adjourn at 1 o'clock p. m., and 
that after to-day it will hold evening sessions, from 3 
to 5 o'clock p. m. 

The hour of 1 o'clock p. m. having arrived, the House, 
under the resolution, adjourned until 10 o'clock a. m., 
on Monday next. 



Atlanta, G-eoPv&ia, 
Monday, November 6, 1871. 

The House was called to order by the Speaker at 10 
o'clock a. M., and was opened with prayed by Rev 
W H. Strickland. 

On motion, the call of the roll was dispensed with. 

The Journal of Saturday was read and approved. 



40 JOURNAL OF T S HOUSE. 

Mr. W H. F Hall, Representative elect from the 
county of Meriwether, appeared and was sworn in. 

The Speaker announced t! ■■ he had appointed the 
Rev- W H. Strickland, Cha] "An of this House. 

Mr. Russell moved to suspend the rules for the pur- 
pose of reading the second time the bill to provide for 
the election of a Governor, which was lost. 

The Speaker announced the following standing com- 
mittees of this House : 

Judicary Committee — Messrs. Hoge of Fulton, Wil- 
liam D. Anderson of Cobb, Phillips of Echols, Graham 
of Dade, Bacon of Bibb, Snead of Richmond, Simmons 
of Gwinnett, Murphy of Harris, Pou of Muscogee, 
Scott of Floyd, Edwards of Elbert, Peeples of Berrien, 
Dell of Screven, Hunter of Brooks. 

Finance Committee — Messrs. Rawles of Effingham, 
dimming of Richmond, Crittenden of Randolph, Neth- 
erland of Rabun, Barksdale of Warren, Howell of 
Milton, Jackson of Fulton, Nutting of Bibb, Cato of 
Troup, Gray of Bartow, Butts of Hancock, Ormond of 
Houston, Hunter of Brooks. 

Committee on State of the Republic — Messrs. J. W 
Wofford of Bartow, Clark of Troup, Jones of Terrell, 
Hall of Upson, Goldsmith of DeKalb, Bush of Miller, 
Hoge of Fulton, Goodman of Campbell, Wofford of 
Banks, Lang of Lincoln, Johnson of Jefferson, Guy ton 
of Laurens, McWhorter of Greene. 

Committee on Military Affairs — Messrs. Baker of 
Pike, Watters of Jasper, Chancey of Early, Paxton of 
Charlton, Mattox of Clinch, Carlton of Colquitt, Sar- 
gent of Coweta, Reid of Union, Renfroe of Washing- 
ton, Bell of Webster, Jenkins of Worth. 

Committee on Banks— Messrs. Cumming of Rich- 
mond, Scott of Floyd, Harvey of Marion, Bowie of 
Walton, Wynn, of Wilkes, Morris of Talbot, West of 
White, Trammel! of Paulding, Griffin of Twiggs, 
Beaseley of Jefferson, Clark of Richmond, Booth of 
Pulaski, Paulk of Irwin. 



MONDAY, NOVEMBER 6, 1871. 41 

Committee on Privileges and, Elections — Messrs. 
Phillips of Echols, Pierce of Hancock, Russell of Chat- 
ham, Rutherford of Crawford, Sellers of Appling, All- 
red of Pickens, Floyd of Morgan, Williams of Decatur, 
Smith of Oglethorpe, Flynt of Taliaferro, Slaton of 
Wilkes, Head of Haralson, Colby of Gfreene. 

Committee on Internal Improvements — Messrs. Hall 
of Upson, Woodall of Talbot, Wood of Walker, Sum- 
mers of Newton, Heidt of Chatham, Richards of Chero- 
kee, Woodward of Dooly, Roundtree of Emanuel, Bar- 
ron of Jones, Pentecost of Carroll, Riley of Lumpkin, 
Hudson of Schley, Jones of Hart. 

Committee on Agriculture and Manufactures. — 
Messrs. J)avis of Newton, Bunn of Polk, W P Ander- 
son of Cobb, Bryan of Henry, Jones of Gwinnett, Cox 
of Burke, Davenport of Oglethorpe, Johnson of Clay, 
Murphy of Burke, Brady of Sumter, Braddy of Glas- 
cock, Hendley of Pulaski, Putney of Dougherty. 

Committee on Public Expenditures — Messrs. C. A. 
Nutting of Bibb, Kelly of Chatham, Hammond of Butts, 
Tarver of Baker, McMillan of Habersham, McNeal of 
Randolph, Pou of Muscogee, Griffin of Houston, Snead 
of Richmond, Wilson of Fulton, Ballanger of Floyd, 
Ross of Bibb, Mansfield of Stewart. 

Committee on Education — Messrs. Jackson of Ful- 
ton, Bacon of Bibb, Wofford of Bartow, Cody of Chat- 
tahoochee, Davis of Newton, Simmons of Gwinnett, 
Joiner of Dougherty, Etheridge of Putnam, McNeal of 
Randolph, Bryan of Henry, Morrison of Ware, Guerry 
of Quitman, Berrien of Burke. 

Committee on Enrollment — Messrs. McMillan of Ha- 
bersham, Converse of Lowndes, Craig of Telfair, Dell 
of Screven, Cleghorn of Chattooga, Baker of Bryan, 
Bateman of Taylor, Spence of Coffee, StQvall of Colum- 
bia, Hillyer of Camden, Palmer of Dawson. 

Committee on Journals — Messrs. Bush of Miller, Kil- 
lian of Towns, Cloud of Warren, Emerson of Whitfield, 
Kennedy of Bulloch, McConnell of Clayton, Payne of 



42 JOURNAL OF THE HOUSE. 

Catoosa, Knowles of Pierces Moreland of Meriwether, 
Glover of Sumter, Field of Murray 

Committee on Penitentiary— -Messrs. Goldsmith of 
DeKalb, Baker of Pike, Morris of Talbot, Harvey of 
Marion, Rutherford of Crawford, Dukes of Morgan, 
Davenport of Oglethorpe, Jones of Hart, Brown of 

Monroe. 

Committee on Lunatic Asylum -Messrs. Etheridge 
of Putnam, Hughes of Forsyth, Johnson of Jefferson, 
Lipsey of Lee, Battle of Thomas, Jones of Terrell, 
McNeal of Randolph, O'Neal of Baldwin, Cloud of 
Warren, Clements of Montgomery, Whatley of Fay- 
ette, Lamkin of Columbia, Chastain of Gilmer. 

Committee on Deaf and Dumb Asylum — Messrs. 
Bunn of Polk, Simmons of Hall, Lipsey of Lee, Gray 
of Bartow, Brawner of Franklin, Farmer of Liberty, 
Brewton of Tatnall, Mann of Wilcox, Martin of John- 
son, Meadows of Madison, Howell of Milton, Wilson 
of Fulton, Ballanger of Floyd. 

Committee on Blind Asylum — Messrs. Patillo of 
Harris, Collins of Mitchell, Taylor of Washington, 
Emerson of Whitfield, Jones of Macon, Pierce of Han- 
cock, Hancock of Jackson, Hooks of Wilkinson, Rich- 
ards of Cherokee, Goodman of Campbell, Franklin of 
Fannin. 

Committee on New Counties and County Lines — 
Messrs. Fain of Gordon, Guyton of Laurens, Clark of 
Troup, Jones of Gwinnett, Hendley of Pulaski, Con- 
verse of Lowndes, Meadows of Madison, Woodall of 
Talbot, Clower of Monroe, Braddy of Glascock, Patillo 
of Harris. 

Committee on Public Printing — Messrs. William D. 
Anderson of Cobb, Heidt of Chatham, Carlton of Col- 
quitt, Cato of Troup, Chastain of Gilmer, JNetherland 
of Rabun, Richardson of Clark, Johnson of Spalding, 
McWhorter of Greene. 

Committee on Auditing— Messrs. Craig of Telihir, 
Riley of Lumpkin, Roundtree of Emanuel. Franklin 
of Fannin, Atkinson of Thomas. 



MONDAY, NOVEMBER 6, 1871. 43 

The Rules of the House of Representatives for the 
session of 1871, as adopted, are as follows : 

DUTIES OP THE SPEAKER. 

1st. The Speaker shall, in his discretion, suspend 
irrelevant debate, and command silence, whenever he 
may deem it needful. 

2d. In all cases of election by the House the Speaker 
shall vote. In other cases he shall not vote, unless the 
House shall be equally divided, or unless his vote, if 
given to the minority, will make the division equal, 
and in such case of equal division, the question shall 
be lost. 

3d. When two or more members shall rise at the 
same time, the Speaker shall name the person entitled 
to proceed. 

4th. All committees shall be appointed by the 
Speaker, unless otherwise ordered by House. 

5th. The method of stating a question, or any mo- 
tion by the Speaker, after the same has been read by 
the Clerk, shall be as follows : ' ' All you who are in 
favor of the motion will say aye; all you who are 
against it say no. 1 ' And when a decision may seem 
doubtful to the Speaker, or a division is demanded by 
any member of the House, the Speaker shall call upon 
the members in favor of the motion to rise, and after a 
count is had by the Clerk, he shall call upon the mem- 
bers to reverse their positions, and the Speaker shall 
announce the result. 

ON DECORUM AND DEBATE. 

1st. When any member is about to speak in debate, 
or deliver any matter to the House, he shall rise from 
his seat and respectfully address himself to "Mr. 
Speaker." He shall be confined to the matter in de- 
bate, shall not speak more than twice on any subject, 
or more than once until every member choosing to 
speak shall have spoken. If any member, in speak- 
ing, or otherwise, transgress the rules of the House, 



44 JOURNAL OF THE HOUSE. 

the Speaker shall, or may call to order ; in ^lnch case 
the member so called to order shall immediately sit 
down unless permitted to explain ; the House shall, if 
appealed to, decide, and if the decision of the House 
be not submitted to, the delinquent, for the first offense, 
shall be reproved ; for the second, fined in a sum not 
exceeding ten dollars ; and continuing refractory, may 
be expelled from the House. 

2d. The members of the House shall forbear from 
private conversation, and preserve silence until a speak- 
ing member shall have taken his seat, nor shall the 
language be perverted by which his thoughts are com- 
municated. 

3d. The members shall avoid naming each other 
when they may have occasion to take notice of their 
observations, but may designate them by the place in 
which they may be, or the county they represent. 

4th. No member shall be permitted to vote on any 
claim he may prefer against the State. 

5th. No member shall pass between the Chair and a 
member while he is speaking, nor shall any, at the 
time of adjournment, leave his seat until the Speaker 
retires. 

6th. In all elections, except for committees, a ma- 
jority of the members present shall be necessary to a 
choice. 

7th. Any member may call for a division of the 
question on a subject in which the sense thereof will 
admit of it. 

8th. The previous question, viz: "Shall the main 
question be now put?" shall only be admitted when 
demanded by a majority of the members present, and 
on the previous question there shall be no debate. 

9th. The motion for the previous question shall take 
precedence of all other motions, except a motion to 
postpone indefinitely, or to lay on the table ; and when 
it is moved, the first question shall be : "Shall the mo- 
tion for the previous question be sustained?" If de- 



MONDAY, NOVEMBER 6, 1871. 45 

cided in the affirmative, the House shall then proceed 
to act on the main question. 

10th. When a subject is before the House for consid- 
eration, no motion shall be received but to adjourn, to 
lay on the table, to postpone indefinitely, to postpone 
to a day certain, to commit, or to amend, which several 
motions shall have precedence in the order they stand 
here arranged. No motion for adjournment shall be 
debatable ; and the motion for adjournment the second 
time shall be out of order, until the question before 
the House is first disposed of. 

11th. No member shall smoke in the House, nor 
shall he converse with any one over the bar thereof. 

12th. All motions, except for commitment, adjourn- 
ment, or the previous question, shall be in writing; 
and the yeas and nays, on any question, shall, at the 
desire of one-fifth of the members present, be entered 
on the journal. 

13th. When a message shall be sent to the House of 
Representatives, it shall be announced at the door of 
the House by the Door-Keeper, and be respectfully 
communicated to the Chair by the person by whom it 
may be sent. 

14th. It shall be the order of the day, on every Wed- 
nesday, to take up and decide on reports of Commit- 
tees on Petitions, and that all petitions be numbered 
as they are received, and taken up and disposed of in 
the order they were received, unless otherwise ordered 
by a majority of the House. 

15th. Any motion containing new matter shall lie at 
least one day on the table; nor shall any bill, ordi- 
nance, resolution or other matter, in any shape, be 
brought before the House a second time, during the 
same session, after a determination has been had 
thereof, except by a vote of two-thirds of the members 
present. 

16lIi. When the Journal of the preceding day shall 
be read, it shall be in the power of any member to 
move for a reconsideration of any matter therein con- 



46 JOURNAL OF THE HOUSE. 

tained, except such matter has been reconsidered: 
Provided, Such member, at the time of reading such 
matter, shall notify the House of his intention to move 
such reconsideration ; but in cases where the life of an 
individual is concerned, or when he is in prison for 
life, there may be two reconsiderations. 

17th. After a motion is stated by the Speaker, or read 
by the Clerk, it shall be deemed to be in possession of 
the House, but may be withdrawn at any time before 
the decision or amendment, on consent of the House. 

18th. Any member may enter a protest against any 
proceeding of the House on passing any act. 

OK BILLS. 

1st. It shall be in order to introduce bills, or other 
matter, upon the call of the counties, without any pre- 
vious notice having been given for that purpose, and 
the giving of notice for the appointment of committees 
to prepare and report bills shall be dispensed with. 

2d. There shall be no debate admitted upon any bill 
at the first reading, and on the second reading thereof, 
the question shall be: "Shall this bill be admitted or 
engrossed for a third reading?" In case of engross- 
ment, the entry thereof shall be made by the Clerk, 
and the bill shall not be amendable thereafter. In case 
of commitment, it shall be to a Committee of the Whole 
House, unless the House shall otherwise direct. In no 
case shall a bill be committed until after a second read- 
ing, but the same may be withdrawn at any stage 
thereof by consent of the House. 

3d. No bill shall be transmitted to the Senate on the 
day of the passage thereof, unless two-thirds of the 
members present shall so order. 

4th. The House shall entertain no bill, or amend- 
ment to a bill, proposing to grant corporate powers 
and privileges to private companies, except to bank- 
ing, insurance, railroad, canal, plank road, navigation, 
mining, express, lumber, telegraph and manufacturing 
companies, nor to make or change election precincts, 



MONDAY, NOVEMBER 6, 1871. 47 

nor to establish bridges and ferries, nor to change 
names or legitimatize children, nor grant divorces. 

5th. No bill shall be entertained by the House which 
contains more than one subject-matter, or contains 
matter different from what is expressed in the title 
thereof. 

MISCELLANEOUS RULES OF THE HOUSE. 

1st. On all questions, whether in committee or in the 
House, the last amendment, the most distant day and 
the largest sum shall be put first. 

2d. All proceedings touching the appropriation of 
money shall be first considered in Committee of the 
Whole House. 

3d. When a message from the Senate, or from the 
Executive, is announced at the door of the House, by 
the Door-Keeper or Messenger, all business shall be 
suspended until the same is respectfully communicated 
to the Chair by the person bringing it. 

4th. A simple majority may call up a paper ordered 
to lie on the table for consideration. 

5th. Applause or hisses in the Representative Cham- 
ber, or in the galleries or lobby, during any speech or 
legislative proceedings, shall be promptly suppressed. 

6th. During the reading of the yeas and nays on any 
question, no debate shall be had. 

7th. Any member presenting a petition, memorial or 
remonstrance shall, as concisely as practicable, inti- 
mate the name and object of the petitioner, memorialist 
or remonstrant, which shall be noticed on the Journal, 
and the paper may then be referred without reading. 

8th. The Speaker may, during a day' s sitting, name 
any member to perform the duties of the Chair during 
any part of that sitting, but no longer. 

9th. No member shall vote upon any question in the 
event of which he is immediately and particularly in- 
terested, or in any case where he was not present when 
the question was put, unless by permission of the 
House. 



48 JOURNAL OF THE HOUSE. 

10th. Upon the call of the members, ordinary or ex- 
tra ordinaiy, the names of the absentees shall be noted, 
to be dealt with as the House may direct ; and the ab- 
sence of members beyond the leave obtained, shall be 
particularly noted. 

11th. The several standing committees of the House 
shall have leave to report by bill or otherwise. 

12th. The Clerk of the House shall take an oath for 
the true and faithful discharge of the duties of his 
office, to the best of his knowledge and abilities, and 
shall be deemed to continue in office until another be 
appointed. 

13th. The Clerk shall take especial care of the books 
provided for the use of the House. 

14th. The Joint Committee of Enrollment shall care- 
fully compare enrolled bills and resolutions, and cor- 
recting any errors that may be discovered in the en- 
rolled bills, or other papers, make their reports forth- 
with to the respective Houses. 

15th. The Clerk shall, on Mondays, Wednesdays 
and Fridays, call the counties for the introduction of 
new matter, beginning alternately at the first and last 
of the alphabet. 

16th. The rules of this House shall in no case be 
suspended, nor shall the order of business be changed, 
except by a vote of three-fourths of the members present. 
17th. The Speaker shall appoint the following stand- 
ing committees : 

Committee on Judiciary 

Committee on Finance. 

Committee on State of the Republic. 

Committee on Internal Improvements. 

Committee on Agriculture and Manufactures. 

Committee on Privileges and Elections. 

Committee on Enrollment. 

Committee on Journals. 

Committee on Military Affairs. 

Committee on Banks. 

Committee on Public Expenditures. 



MONDAY, NOVEMBER 6, 1871. 49 

Committee on Education. 

Committee on Deaf and Dumb Asylum. 

Committee on Blind Asylum. 

Committee on Lunatic Asylum. 

Committee on Penitentiary- 
Committee on Auditing. 

Committee on New Counties and County Lines. 

Committee on Public Printing. 
18th. After the announcement of the standing com- 
mittees, no new members shall be added thereto by the 
House, unless it be at the request of a majority of the 
committee to be added thereto. 

19th. When any question arises which is not pro- 
vided for in the foregoing rules, Jefferson's Manual 
shall control the action of the House. 

20th. No person shall be allowed to enter upon the 
floor of this House, except the members and officers 
thereof, the Senate and officers thereof, and the heads 
of the offices of the Executive Department, unless other- 
wise ordered by this House. 

THE OEDEE OF BUSINESS SHALL BE AS FOLLOWS : 

1st. The unfinished business in which the House was 
engaged at the adjournment of a preceding day, shall 
have the preference in the orders of the day, after the 
call of the counties, unless otherwise ordered. 

2d. Orders of the day- 

3d. Bills for a third reading. 

4th. Bills for a second reading. 

5th. Resolutions. 

6th Bills of the Senate for the first, second and third 
readings. 

The call of the counties was resumed, and the follow- 
ing bills were read the first time : 

By Mr. Lipsey of Lee— 

A bill to be entitled an act to confer certain privileges 
on John T. Whitsett, of Lee county . 

Also, a bill to be entitled an act to change the line 
between the counties of Lee and Terrell. 
4 



no JOURNAL OF THE HOUSE. 

Bv Mr. Farmer of Liberty— 

A bill to change the line between the counties of 

Mcintosh and Liberty. 

Bv Mr. Lang of Lincoln— 

A 'bill to compensate physicians for medical services 
rendered to paupers in this State. 

Also, a liill to be entitled an act to repeal an act to 
or^aaLv the District Court and to define its jurisdic- 
tion, etc., so far as relates to the Twenty-Ninth Sena- 
torial District. 

By Mr 11a j 1 of Meriwether — 

A* bill to authorize William C. Jones, of Meriwether 
county, to peddle without license. 
By Mr. Bush of Miller— 

A bill to be entitled an act to repeal an act entitled 
an act to organize the District Court and define its 
jurisdiction, etc. Approved October 28, 1870. 
By Mr. Howell of Milton— 

A bill to reduce the per diem of the members of this 
General Assembly 

Also, a bill to make a second conviction of playing 
and betting punishable by imprisonment in the Peni- 
tentiary 
By Mr. Pou of Muscogee — 

A bill to authorize a counter-showing to a motion for 
a continuance in the courts of this State. 

Also, a bill to alter and amend section 2267 of Irwin's 
Revised Code. 

Also, a bill to alter and amend section 3472 of Irwin's 
Revised Code. 

Also, a bill to repeal an act entitled an act to alter 
and amend section 4245 of Irwin's Revised Code, by 
striking out of said section the words, "to work in a 
chain-gang on the public works," and for other pur- 
poses. Approved October 27, 1870. 

Also, a bill to make penal the breach of contract for 
labor and service, by the parties thereto, and for other 
par oses. 



MONDAY, NOVEMBER 6, 1871. 51 

By Mr. Baker of Pike— 

A bill to authorize the County Commissioners of 
Pike county to audit claims of officers for extra ser- 
vices, and for other purposes. 

By Mr. McNeal of Randolph — 

A bill to authorize the Mayor and Council of the city 
of Cuthbert to issue bonds for educational purposes, 
and to assess and collect taxes to pay the same. 

By Mr. Netherland of Rabun — 

A bill to repeal section fourteen of an act entitled an 
act to carry into effect the second clause of the thir- 
teenth section of the fifth article of the Constitution, so 
far as the same is applicable to, or affects the counties 
of Rabun, Habersham, Towns and Union. 

Also, a bill to repeal an act entitled an act to amend 
and secure the proceeds, profits or rents arising from 
homesteads in this State, etc. 

By Mr. Crittenden of Randolph — 

A bill to increase the pay of jurors for the county of 
Randolph. 

Also, a bill to repeal an act entitled an act to estab- 
lish District Courts, etc. 

By Mr. Gumming of Richmond — 

A bill to be entitled an act to limit the lien of judg- 
ments of Justice's Courts. 

By Mr. Dell of Screven — 

A bill to be entitled an act to repeal the twenty- 
second section of an act for raising a revenue for the 
political year 1869, etc. 

Also, a bill to repeal so much of an act entitled an 
act to organize the District Court, etc., as is applicable 
to the Seventeenth Senatorial District. 

By Mr. Craig of Telfair— 

A bill to bring on an election for Governor of Geor- 
gia, to fill the unexpired term caused by the resigna- 
tion of Governor Bullock. 

Also, a bill to prohibit and make xoenal the sale of 
any farm products by tenant or laborer, or purchase, 
etc. in the counties of Telfair and Dodge. 



52 JOURNAL OF THE HOUSE. 

By Mr. Cato of Troup— 

A bill to incorporate the LaGrange Banking & Trust 

Companj*. 

By Mr. Hall of Upson— 

A bill to repeal section 121 of Irwin's Revised Code. 
Also, a bill to be entitled an act to change the line 
between the counties of Upson and Pike. 
By Mr. Wood of Walker— 

A bill to repeal an act entitled an act to fix the sala- 
ries of the Judges of the Supreme and Superior Courts. 
Also, a bill to repeal section 121 of the Code of this 
State. 

Also, a bill to prescribe the mode of repealing the 
Code, or any part of the Code of this State. 
By Mr. Bowie of Walton — 

A bill to alter and amend section 178 of the Code of 
Georgia, to reduce the per diem pay of the officers and 
members of the General Assembly. 
By Mr. Taylor of Washington — 
A bill to amend section 2261 of Irwin's Code. 
By Mr. Mann of Wilcox — 

A bill to provide for the election of an Ordinaryfor 
the county of Wilcox. 

Also, a bill to legalize the action of the Clerk of the 
Superior Court of Wilcox county, as Ordinary of said 
county, and to authorize said Clerk to levy a tax, etc. 
By Mr. Hooks of Wilkinson — ■ 
A bill to repeal the District Court bill, so far as re- 
lates to the Twenty-First district. 
By Mr. Mann of Wilcox — 

A bill to provide for the opening and clearing out of 
Cedar Creek, etc. 

By Mr. Bacon of Bibb— 

A bill to abolish the City Court of the city of Macon, 
and to repeal an act entitled an act to organize the City 
Court of the city of Macon, etc. 
By Mr. Hillyer of Camden — 

A bill to change the boundaries of Wayne, Glynn 
and Camden counties. 



MONDAY, NOVEMBER 6, 1871. 53 

By Mr. Bunn of Polk— 

A bill to compensate grand and traverse jurors of 
the county of Polk. 

By Mr. Paxton of Charlton — 

A bill to repeal an act consolidating the offices of 
Tax Receiver and Collector for Charlton county 

Also, a bill to fix the time of holding the Superior 
Court for Charlton county. * 

By Mr. Russell of Chatham — 

A bill to amend paragraph 632 of Irwin's Code, land 
also to allow the Coroner certain fees, etc. 

Also, a bill to punish any person or persons, who 
shall assume to perform the duties of Constable in the 
city of Savannah, unless he or they have been elected, 
etc. 

By Mr. Richards of Cherokee — 

A bill to authorize the revision of the jury box in the 
county of Cherokee. 

By Mr. Mattox of Clinch — 

A bill to repeal so much of an act entitled an act to 
create and organize two new Judicial Circuits, etc., as 
relates to the creation and organization of the Allapaha 
Circuit, etc. 

By Mr. Sargent of Coweta — 

A bill to authorize agents and attorneys at law, of 
defendants to make oath to pleas, etc. 

By Mr. Goldsmith of DeKalb— 

A bill to change the line between the counties of 
DeKalb and Gwinnett. 

By Mr. Woodward of Dooly — 

A bill to prohibit and make penal the sale of any 
farm products, etc., in the county of Dooly - 

By Mr. Phillips of Echols— 

A bill to repeal an act organizing District Courts in 
this State. 

Also, a bill to repeal an act entitled an act to create 
the Allapaha Judicial Circuit. 

By Mr. Rawls of Effingham — 

A bill to change the time of meeting of the General 
Assembly. 



54 JOURNAL OF THE HOUSE. 

By Mr. Scott of Floyd— 

A bill to legalize the revision of the jury boxes, etc. 

Also, a bill to change the charter of the University 
of Georgia, so as to add four additional trustees to the 
board, etc. 

By Mr. McMillan of Habersham— 

A bill to regulate the return and trial of causes at 
lavr and in equity in the Superior Courts, and for other 
purposes. 

Also, a bill to provide for certain sales with right of 
redemption by the vendor, and to fix a penalty for 
illegal acts done in connection with, and pursuance of 
said sales, and for other purposes. 

By Mr. Simmons of Hall — 

A bill to prohibit the granting of license to retail 
spirituous liquors within the corporate limits of the 
city of Gainesville. 

By Mr. Converse of Lowndes — 

A bill for the relief of M. J. Griffin. 

By Mr. Jackson of Fulton — 

A memorial to Congress in relation to canals. 

Referred, to Committee on Internal Improvements, 
and 200 copies ordered printed. 

By Mr. Riley of Lumpkin — 

Memorial of the trustees of the North Georgia Agri- 
cultural College. 

Referred to Committee on Agriculture and Manufac- 
tures. 

The following resolutions were introduced : 

By Mr. Clark of Richmond — 

A resolution instructing the Committee on Agricul- 
ture and Manufactures to report amendments to the 
law on the sale of fertilizers. 

By Mr. Snead of Richmond — 

A resolution that the Speaker appoint additional 
standing committees, as follows: On Petitions and 
Memorials, Public Buildings and Public Property. 
State Library, and' Western & Atlantic Railroad. 



MONDAY, NOVEMBER 6, 1871. 55 

By Mr. Hall of Upson— 

A resolution in reference to State Printing. 

By Mr. Killian of Towns — 

A resolution that 300 copies of the Governor 1 s mes- 
sage be printed for the use of this House. 

By Mr. Hoge of Pulton — ■ 

A joint resolution in relation to refunding the tax 
on raw cotton, collected during the years 1865, 1866 
and 1867, under the revenue laws of the United States. 

By Mr. Bacon of Bibb — 

A resolution that the State Librarian furnish copies 
of the Revised Code to members of the Judiciary Com- 
mittee. 

By Mr. Peeples of Berrien — 

A resolution that the Speaker appoint a special com- 
mittee to report a bill on equalizing the Judicial Cir- 
cuits of this State. 

The following resolutions were offered, read and 
agreed to : 

By Mr. Bush of Miller— 

A resolution that the Committee on Privileges and 
Elections examine into the credentials of W G. Pierce, 
and report to this body who is entitled to represent 
therein the county of Calhoun. 

By Mr Oliver of Macon— 

A resolution that the Committee on Privileges and 
Elections inquire into and report on the right of Mr. 
Henry Tarver to a seat on this floor as representative 
from the county of Baker. 

By Mr. Goldsmith of DeKalb— 

A resolution to the same effect in reference to the 
seat of Hon. A. Colby, of the county of Greene. 

By Mr. Griffin of Houston— 

A resolution to the same effect in reference to the 
seat of Hon. S. Glover, of the county of Sumter. 

By Mr. Rawls of Effingham— 

Resolved, That all resolutions referring to the seats 



r>G JOURNAL OF THE HOUSE. 

of members?, shall be referred to the Committee on 
Privih'jn^ and Elections. 
Also, a resolution tendering Hon. George Stapleton 

a seat on this floor. 

Also, a resolution to inquire into the right of Hon. 
Georuv AY Rumph to a seat on this floor as represen- 
tative from the county of Wayne. 
By Mr. Gumming of Richmond— 
lh voiced. That the joint resolution passed by the 
last General Asseinb}', and approved May 5, 1870, 
which authorized and required "the State Treasurer 
X L. Angier," to pay all warrants for printing, and 
any other warrants regularly issued by the Executive, 
and countersigned by the Comptroller General, be, and 
is hereby, repealed and rescinded. 

2. Resolved, That the twentieth section of the ap- 
propriation act of the last General Assembly, approved 
October 25, 1870, to- wit: "That when the performance 
of any service or labor for the State is authorized and 
directed by law to be performed or rendered, the com- 
pensation for which is to be lixed or approved by the 
Governor, he shall draw his warrant on the treasury 
for the amount so lixed or approved, and the same 
shall be paid out of any money in the treasury not 
otherwise appropriated," be, and the same is hereby, 
suspended until final action on the matter by the Gen- 
eral Assembly 

Ordered to be transmitted to the Senate. 
By Mr. Griffin of Houston — 

A resolution requesting his Excellency the Governor 
to transmit to this House all papers in the Executive 
Department, relating to the Sumter county contested 
election. 

Mr. dimming moved to insert in lieu of the words, 
"his Excellency the Governor," the words, "the Hon- 
orable Benjamin Conley, exercising the Executive 
powers of the government of this State. ' ' 

Mr. Gray moved as a substitute for Mr. Cummin o-'s 
amendment, to insert in lieu of the words, ' ' Ills Excel- 



MONDAY, NOVEMBER 6, 1871. 57 

lency the Governor," the words, "the Hon. Benjamin 
Conley, acting Governor," which was lost, 

Mr. Gumming' s amendment was agreed to, and the 
resolution, as amended, adopted. 

By Mr. McMillan of Habersham — 

A joint resolution instructing the Finance Commit- 
tees of both Houses of this General Assembly, in joint 
session, to consider and report as early as practicable 
what action, if any, may be necessary to protect the 
credit of this State against evil results from any and 
all acts of the last General Assembly, whereby the 
guaranty of this State has been, or by said acts is au- 
thorized to be, extended in the interest of any railroad 
.company, or companies, or other corporation. 

By Mr. McWhorter of Greene — 

jResolved, The Senate concurring, that the Judiciary 
Committees of the two Houses shall be joint committees. 

By Mr. Hillyer of Camden — 

A resolution that the Messenger furnish blotting 
paper for the use of the members. 

The following message was received from the Sen- 
ate, through Mr. Hill, the Secretary thereof : 

Mr. Speaker: 

The Senate has agreed to a resolution extending the 
time for the collection of taxes for the year 1871, in 
which they ask the concurrence of the House of Rep- 
resentatives. 

The resolution was read and referred to the Com- 
mittee on Finance. 



Afternoon Session, 

Monday, 3 o'clock p. m. 

The House reassembled. 

On motion, the call of the roll was dispensed with. 



58 JOURNAL OF THE HOUSE. 

The following bill were read the second time and 
referred to the Committee on the Judiciary : 

A bill to appoint commissioners to investigate the 
affairs of this State. 

A bill to provide for the election of a Governor. 

A bill to explain and alter sections 244 and 4841 of 
the Revised Code of Georgia. 

A bill to alter and amend section 3644 of Irwin's 
Revised Code, relating to fees of Clerk of the Superior 
Court, so far as relates to the county of Chatham. 

A bill to fix the compensation of members of the 
General Assembly 

A bill to require defendants in actions for the recov- 
ery of real estate to file an. abstract of the title on which 
they rely 

A bill to restore the jurisdiction of Notaries Public 
and Justices of the Peace in the Twenty-Ninth Senato- 
rial District, as it existed before the law creating Dis- 
trict Courts in said district. 

A bill to alter and amend section 2023 of Irwin's 
Revised Code. 

A bill to compensate grand and traverse jurors of 
the Superior Courts of DeKalb county, and to author- 
ize the Tax Collector to receive jury certificates for 
county taxes, and- to pay constables who serve during 
the sessions of DeKalb Superior Courts. 

A bill to repeal an act entitled an act to extend the 
lien of set-off and recoupment as against debts con- 
tracted before the first clay of June, 1865, and to deny 
to such debts the aid of the courts until the taxes 
thereon have been paid. 

A bill to repeal an act entitled an act to organize the 
District Court and define its jurisdiction, and for other 
purposes. 

A bill to create the offices of Countj- Commissioners, 
and prescribe their duties. 

A bill to alter and amend the road laws of this 
State. 



MONDAY, NOVEMBER 6, 1871. 59' 

A bill to authorize the voters of Fannin county to 
elect an Ordinary 

A bill to amend the charter of the Memphis Branch 
Railroad Company - 

A bill to create a Board of Commissioners of Roads 
and Revenue in the county of Floyd. 

A bill to exempt firemen from jury duty 

A bill to amend section 3687 of the Revised Code of 
Georgia, in reference to the withdrawal of claims. 

A bill to amend an act entitled an act to authorize 
the Mayor and Council of Atlanta to provide for the 
introduction of water- works in said city, etc. 

A bill to authorize the payment of ten per cent, in- 
terest on one hundred bonds of one thousand dollars 
each by the Scofield Rolling Mill Company 

A bill to repeal an act entitled an act to change the 
county of Glascock from the Northern to the Middle 
Judicial Circuit. 

A bill to repeal an act entitled an act to extend the 
lien of set-off and recoupment as against debts con- 
tracted before the first day of June, 1865. 

A bill to repeal an act entitled an act to repeal an 
act to organize a criminal court for each county in this 
State, assented to seventh of October, 1868, and the 
several acts amendatory thereof. 

A bill to repeal an act entitled an act to organize the 
District Court, and define its jurisdiction, and for 
other purposes. 

A bill to alter the law in relation to interest on 
money 

A bill to make it a penal offense for a laborer to 
abandon his employer before the expiration of the 
term he contracted to labor. 

A bill to alter and amend section 256 of the Code, 
and to require all writs and bills in equity to be re- 
corded before termination of suit. 

The following bills were read the second time and 
referred to the Committee on the Judiciary, with in- 
structions to report thereon November 7, 1871 : 



CO JOURNAL OF THE HOUSE. 

A bill to order a special election for a Governor of 
this State. 
A bill to provide for the election of a Governor, and 

for other purposes. 

The following bill was referred to the same commit- 
tee, with instructions to report thereon Wednesday 
morning next : 

A bill to protect all persons in this State in their 
civil rights, and to furnish the means of their vindica- 
tion. 

The following bills were read the second time and 
referred to the Committee on Internal Improvements : 

A bill to incorporate the Excelsior Slate Mining 
Company, of the county of Polk. 

A bill to amend an act to authorize the Mayor and 
Council of Rome to subscribe not exceeding one hun- 
dred thousand dollars in the Memphis Branch Rail- 
road. 

A bill to incorporate the Rome & Raleigh Railway 
Company. 

The following bills were read the second time and 
referred to the Committee on New Counties and County 
Lines : 

A bill to repeal an act, passed by the last General 
Assembly, to change the line between the counties of 
Lowndes and Berrien. 

A bill to change the line between the counties of 
Carroll and Douglas, and to add a portion of the county 
of Douglas to the county of Carroll, and for other pur- 
poses. 

A bill to lay out and form a new county by the di- 
vision of the county of Jefferson, and to organize the 
same. 

The following bills were read the second time and 
referred to the Committee on Finance : 



TUESDAY, NOVEMBER 7, 1871. 61 

A bill to fix tlie per diem pay of members of the 
General Assembly 

A bill to alter and amend section 178 of Irwin's Re- 
vised Code. 

A bill to authorize the Tax Collector of Gwinnett 
county to pay over to the Ordinary of said county, the 
State tax for the year 1871. 

A bill to repeal an act to declare the poll tax of this 
State for the years 1868, 1869 and 1870, yet uncollected, 
illegal, and to prevent the collection of the same. 

The following bill was read the second time and refer- 
red to the Committee on Agriculture : 

A bill to make the purchase, sale, receipt or delivery 
of agricultural produce in certain counties, between 
the hours of sunset and sunrise unlawful. 

The following bills were read the second time and 
and ordered to be engrossed : 

A bill to change the time of holding the Superior 
Courts in the counties of Columbia and McDuffie. 

A bill to incorporate the Van Wert Slate Mining 
Company. 

On motion of Mr. McWhorter of Greene, the House 
adjourned until 10 o'clock a. m. to-morrow. 



Atlanta, Geoegia, 
Tuesday, November 7. 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
the Hon. Garnett McMillan. 

The Journal of yesterday was read and approved. 



02 JOURNAL 01- iiUi ±1UUSE. 

Mr. O. L. Cloud, Representative elect from tlie county 
of Warren, appeared and was sworn in. 

At the request of Mr. Hoge, chairman, further time 
was granted to the Committee on the Judiciary for the 
consideration of the special bills upon which said com- 
mittee was required to report this morning. 

The following resolutions were offered : 

By Mr. Davis — 

A resolution for the appointment of a joint commit- 
ee of two from the Senate and three from the House, 
to visit the penitentiary convicts and report on their 
condition and treatment. 

By Mr. Hoge — 

A resolution that the Speaker be requested to add 
three members to the Committee on the Judiciary 

The following resolutions were referred to the Com- 
mittee on Privileges and Elections : 

A resolution by Mr. Fain, relating to the Spalding 
county contested election. 

Also, the resolution of Mr. Griffin, as amended and 
agreed to on yesterday, relating to the Sumter county 
contested election. 

A resolution by Mr. Rawls, relating to the printing 
of the laws, was referred to the Committee on Printing. 

Mr. McMillan offered a resolution that the regular 
daily sessions of this House shall be from the hour of 
nine o'clock a. m. until the hour of two o'clock p. m. 

Mr. Dell moved to strike out "two" and insert 
"one." 

Mr. Gumming moved to insert "half-past one." 

On motion of Mr. Hall of Upson, the question was 
divided, and the motion to strike out " two " prevailed. 

Mr. McMillan accepted the amendment of Mr. Dell, 
and the resolution, as thus amended, was agreed to. 

The resolution of Mr. Snead, offered on yesterday, 
in relation to the appointment of the following addi- 



TUESDAY, NOVEMBER 7, 1871. 63 

tional standing committees, to- wit : On Petitions and 
Memorials, Public Buildings and Public Property, 
State Library, and the Western & Atlantic Railroad, 
was amended by the insertion of the words, "Com- 
mittee on Corporations," and, as thus amended, agreed 
to. 

The following resolutions were agreed to : 

By Mr. Goldsmith — 

A resolution tendering a seat on this floor to the Rev. 
H. C. Hornady. 

By Mr. Hudson — 

A resolution that the Messenger be required to fur- 
nish each member of this House with a copy of the 
Constitution of this State, and the acts of the last Gen- 
eral Assembly: Provided, the State Librarian has a 
sufficient number of the same on hand. 

By Mr. Hall of Upson, offered on yesterday — 

A joint resolution in relation to State printing. 

Mr. McMillan, chairman of the Enrolling Committee, 
submitted the following report : 

Mr Speaker: 

The Committee on Enrollment report as duly enrolled 
and ready for the signature of the Speaker of the 
House of Representatives, the following bill, to-wit : 

A bill to be entitled an act to repeal an act entitled 
an act to make it lawful for the legal voters of the city 
of Atlanta to vote for Mayor in any one of the wards 
in said city : Provided, no person shall vote but one,, 
time, at the same election, and to prevent any person 
from voting for Councilmen for any other ward than 
the one in which he actually resides at the time of 
voting. Assented to October 25, 1870. 

Also, a joint resolution in relation to the resignation 
of Rufus B. Bullock, and his defamation of this Gen- 
eral Assembly, and the people of this State. 



64 JOURNAL OP THE HOUSE. 

Also, a resolution rescinding a joint resolution of the- 
last General Assembly Approved May 5, 1870. 

Gaexett McMillan, 
CJiairmcui Enrolling Committee. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof : 

Mr SjoeaJcer : 

The Senate has concurred in the following resolu- 
tions of the House of Representatives, to- wit : 

A resolution rescinding a joint resolution of the last 
General Assembly of Georgia, Approved May 5, 1870. 

Also, a resolution in relation to the resignation of 
Rufus B. Bullock. 

The Senate has passed the following bill of the House 
of Representatives : 

A bill to repeal an act to make it lawful for the legal 
voters of the city of Atlanta to vote for Mayor in any 
one of the wards of said city, and to prevent any per- 
son from voting for Councilmen for any other ward 
than the one in which he resides at the time of voting, 
assented to October 25, 1870, which I am directed to 
transmit forthwith to the House of Representatives. 

The following bills were read the third time and 
passed : 

A bill to incorporate the Van Wert Slate Mining 
Company 

A bill to change the time of holding the Superior 
Courts in the counties of Columbia and McDuffie, State 
of Georgia. 

The following bills were read the first time : 

By Mr. Bacon of Bibb— 

A bill to repeal an act to provide for an election, and 
to alter and amend the laws in relation to the holding 
of elections. Approved October 3, 1870. 



TUESDAY, NOVEMBER 7, 1871. 65 

By Mr. Phillips of Echols— 

A bill to authorize Clerks of the Superior Courts in the 
counties of Lowndes, Coffee, Echols, Clinch and Ware, 
to issue writs that shall bear test in the names of J. R. 
Alexander and William M. Sessions. 

The following bills were read the second time, and 
referred to the Committee on the Judiciary : 

A bill to alter and amend section 3472 of Irwin' s Re- 
vised Code. 

A bill to repeal an act to alter an amend section 4245 
of Irwin' s Revised Code, by striking out of said sec- 
tion the words ' ' to work in a chain-gang on the public 
works," and for other purposes. Approved October 
27, 1870. 

A bill to prescribe the punishment for playing and 
betting at cards. 

A bill to make penal the breach of contract for labor 
and service, by the parties thereto, and for other pur- 
poses. 

A bill to repeal an act entitled an act to organize the 
District Court, and define its jurisdiction, and for other 
purposes, approved October 28, 1870, so far as the 
same relates to the Twenty-Mnth Senatorial District. 

A bill to repeal an act entitled an act to amend and 
secure the proceeds, profits or rents arising from home- 
steads in this State, and for other purposes. Approved 
March 16, 1869. 

A bill to repeal an act entitled an act to organize the 
District Court and define its jurisdiction, and for other 
purposes. 

A bill to be entitled an act to limit the lien of judg- 
ments of Justices Courts. 

A bill to repeal an act to establish District Courts, 
and for other purposes. 

A bill to prohibit and make penal the sale of any 
farm products by tenant, laborer or purchaser, etc., in 
the counties of Telfair and Dodge. 
5 



66 JOURNAL OF THE HOUSE. 

A bill to repeal so mucli of an act to organize the 
District Court, and to define its jurisdiction, etc., as is 
applicable to the Seventeenth Senatorial District. 

A bill to bring on an election for Governor of Geor- 
gia, to till the unexpired terra caused by the resigna- 
tion i >f Governor Bullock. 

A bill to repeal an act to fix the salaries of the 
Jirlg- s of the Supreme and Superior Courts of the 
State of Georgia. 

A bill to repeal section 121 of the Code of this State. 

A bill to prescribe the mode of repealing the Code or 
any part of the Code of this State. 

A bill to repeal section 121 of Irwin's Revised Code, 
and for other purposes. 

A bill to repeal the District Court bill so far as 
relates to the Twenty-First district. 

A bill to legalize the action of the Clerk of the 
Superior Court of Wilcox county as Ordinary of said 
count}^, and to authorize said Clerk to levy a tax, etc. 

A bill to amend section 2261 of Irwin' s Revised Code, 
in relation to lien of landlords, etc. 

A bill to amend an act to fix the time of holding the 
Superior Courts for Charlton county 

A bill to repeal an act consolidating the offices of 
Tax Receiver and Collector for Charlton county. 

A bill to amend paragraph 632 of Irwin' s Code, and 
also to allow the Coroner certain fees unprovided for 
by law, and for other purposes. 

A bill to punish any person or persons who shall 
assume to perform the duties of Constable in the city 
of Savannah, unless he or they have been elected, etc. 

A bill to repeal so much of an act to create and 
organize two new Judicial Circuits, etc., as relates to 
the creation and organization of the Allapaha Circuit, 
and for other purposes therewith connected. 

A bill to authorize agents and attorneys at law to 
make oath to pleas, etc. 

A bill to repeal an act organizing District Courts in 
the Senatorial Districts of this State. 



TUESDAY, NOVEMBER 7, 1871. 67 

A bill to repeal an act to create the Allapaha Judi- 
cial Circuit. 

A bill to prohibit and make penal the sale of any 
farm products, etc., in the county of Dooly. 

A bill to regulate the return and trial of causes at 
law and equity in the Superior Courts, and for other 
purposes. 

A bill to provide for certain sales with right of re- 
demption by the vendor, and to fix a penalty for illegal 
acts done in connection with and pursuance of said 
sales, and for other purposes. 

A bill to legalize the revision of the jury boxes, etc. 

The following bills were read the second time and 
ordered to be engrossed : 

A bill to authorize the County Commissioners of Pike 
county to audit claims of officers for extra services, and 
for other purposes. 

A bill to change the line between the counties of 
Mcintosh and Liberty 

A bill to authorize a counter showing to a motion for 
a continuance in the courts of this State. 

A bill to compensate grand and traverse jurors of 
the. county of Polk. 

A bill to abolish the City Court of the city of Macon, 
and to repeal an act to create and organize the City 
Court of the city of Macon, etc. 

A bill to prohibit the granting of license to retail 
spirituous liquors within the corporate limits of the 
city of Gainesville. 

The following bills were read the second time and 
referred to the Committee on Finance : 

A bill for the relief of M. J Griffin, of the county of 
Lowndes. 

A bill to reduce the per diem of the members of this 
General Assembly 



68 JOURNAL OF THE HOUSE. 

A bill to authorize William C. Jones, of Meriwether 
county, to peddle without license. 

A bill to compensate physicians for medical services 
rendered to paupers in this State. 

A bill to increase the pay of jurors for the county of 
Randolph. 

A bill to authorize the Mayor and Council of the 
city of Cuthbert to issue bonds for educational pur- 
poses, and to assess and collect taxes to pay the same. 

A bill to alter and amend section 178 of the Code of 
Georgia, to reduce the per diem pay of the officers and 
members of the General Assembly 

The following bills were read the second time and 
referred to the Committee on New Counties and County 
Lines : 

A bill to change the line between DeKalb and Gwin- 
nett counties. 

A bill to change the line between the counties of Lee 
and Terrell. 

A bill to change the line between the counties of 
Upson and Pike. 

A bill to change the boundaries of Glynn, Wayne 
and Camden counties. 

The following bill was read the second time and re- 
ferred to the Committee on Internal Improvements : 

A bill to provide for the opening and clearing ont 
of Cedar Creek, in the county of Wilcox. 

The following bill was read the second time and re- 
ferred to the Committee on Banks : 

A bill to incorporate the LaGrange Banking & Trust 
Company 

The following bill was read the second time and re- 
ferred to the Committee on Education : 



TUESDAY, NOVEMBER 7, 1871. 69 

A bill to change the charter of the University of 
•Georgia so as to add four additional trustees to the 
hoard, etc. 

The following bills were read the second time and 
committed : 

A bill to change the time of meeting of the General 
Assembly. 

A bill to repaal the twenty-second section of an act 
for raising revenue for the political year 1869, and to 
appropriate money for the use of the government for 
said year, etc. 

A bill to repeal section fourteen of an act to carry 
into effect the second clause of the fifth article of the 
Constitution, etc., so far as the same is applicable to, 
or affects the counties of Rabun, Habersham, Towns 
and Union. 

A bill to alter and amend section 2267 of Irwin's 
Revised Code. 

A bill to confer certain privileges on John T. Whit- 
sett, of Lee county, etc. 

The following bills were read the second time and 
referred to the Committee on Privileges and Elections : 



^o v 



A bill to authorize the revision of the jury box in 
the county of Cherokee. 

A bill to provide for the election of an Ordinary for 
the county of Wilcox, etc. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr Speaker: 

I am directed by his Excellency the Governor to de- 
liver to the House of Representatives a communication 
in writing, with accompanying documents. 



7<) JOURNAL OF THE HOUSE. 

Exi:( .- uti ve Depa iitmext, 
Atlanta, Ga., November 7. 1871. 

To tJie House of Hej>resentatlves : 

I have the honor to transmit herewith for the consid- 
eration of your honorable body, the reports of the 
State School Commissioner, and of the State Board of 
Education. 

Benjamin Copley, Governor. 

The above message was read, and the accompanying 
reports referred to the Committee on Education. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to- wit: 

Mr Speaker: 

I am directed by his Excellency the Governor to de- 
liver to the House of Representatives a communication 
in writing, with accompanying documents. 

Executive Department, 
Atlanta, Ga., November 7, 1871. 

To tlie House of Representatives : 

I have the honor to transmit herewith for the consid- 
eration of your honorable body, the annual report of 
the Comptroller General, together with his report in 
relation to insurance companies. 

Benjamin Conley, Governor. 

The above message was read, and the accompanying 
documents referred to the joint Committee on Finance. 

Leave of absence was granted Mr. Cato, for two days. 

The hour of one o'clock p. m. having arrived, the 
Speaker announced that, under the resolution adopted 
this morning, the House stood adjourned until 9 o'clock 
a. m. to-morrow. 



WEDNESDAY, NOVEMBER 8, 1871. 71 

Atlanta, Georgia, 
Wednesday, November 8, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev- Mr. Jones. 

The Journal of yesterday was read and approved. 

The Speaker announced the appointment of the fol- 
lowins; committees : 



•■■& 



Committee on Corporations — Messrs. W D. Ander- 
son of Cobb, Gumming of Richmond, Fain of Gordon, 
Hoge of Fulton, Pou of Muscogee, Peeples of Ber- 
rien, Hall of Meriwether, Phillips of Echols. 

Committee on Petitions and Memorials — Messrs. 
McMillan of Habersham, Heidt of Chatham, Graham 
of Dade, Bryan of Henry, Edwards of Elbert, John- 
son of Jefferson, Berrien of Burke, Baker of Pike, 
Hall of Meriwether. 

Committee on Western & Atlantic Railroad — Messrs. 
Jackson of Fulton, Hall of Upson, McMillan of Hab- 
ersham, Craig of Telfair, Tarver of Baker, Wofford of 
Bartow, Fain of Gordon, Cato of Troup, McWhorter 
Greene, Hall of Meriwether. 

Committee on Public Buildings and Public Prop- 
erty — -Messrs. Gumming of Richmond, Wilson of Ful- 
ton, Wynn of Wilkes, Kelly of Chatham, Hudson of 
Schley, Netherland of Rabun. 

Committee on the State Library — Messrs. Bacon of 
Bibb, McMillan of Habersham, Jackson of Fulton, W 
D. Anderson of Cobb, Russell of Chatham. 

Additional members to the Committee on the Judi- 
ciary — Messrs. Gumming of Richmond, Pierce of Han- 
cock, Russell of Chatham. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker : 

The Senate has agreed to the followins; resolution in 



72 JOURNAL OF THE HOUSE. 

which they ask the concurrence of the House of Repre- 
sentatives, to-wit : 

A resolution in relation to the Finance Committees of 
the Senate and House of Representatives becoming a 
joint committee, in accordance with the provisions of 
section 175 of Irwin's Revised Code, and I am directed 
to transmit the same forthwith to the House of Repre- 
sentatives. 

Mr. Fain, chairman of the Committee on New Coun- 
ties and County Lines, submitted the following report, 
to-wit : 

Mr Speaker : 

The Committee on New Counties and County Lines 
have had under consideration the following bills which 
they respectfully return, to-wit : 

A bill to be entitled an act to lay out and form a new 
count}', by a division of Jefferson county, and organize 
the same, which they recommend do pass. 

Also, a bill entitled an act to repeal an act passed 
by the General Assembly of 1870, to change the lines 
between the counties of Lowndes and Berrien, and 
recommend that the same do not pass. 

J. C. Fain, Chairman. 

Mr. Hall, chairman of the Committee on Internal 
Improvements, submitted the following report : 

Mr. Speaker; 

The Committee on Internal Improvements have had 
under consideration the following bills, and make the 
following recommendations, to-wit : 

A bill to be entitled an act to incorporate the Excel- 
sior Slate Mining Company of the county of Polk, and 
for other purposes, which they recommend do pass. 

Also, a bill to be entitled an act to amend an act to 
authorize the Mayor and Council of the city of Rome 



WEDNESDAY, NOVEMBER 8, 1871. 73 

io subscribe not exceeding one hundred thousand 
dollars of stock in the Memphis Branch Railroad, upon 
certain conditions therein named, and for other pur- 
poses, which they recommend do pass. 

John I. Hall, Chairman. 

Mr. Rawls, chairman of the Committee on Finance, 
submitted the following report : 

Mr Speaker: 

The Committee on Finance beg leave to report that 
they have had under consideration a bill to be entitled 
an act to repeal an act entitled an act to declare the 
poll tax of this State for the years of 1868, 1869 and 
1870, yet uncollected, illegal, and to prevent the collec- 
tion of the same, which they recommend shall pass. 

Also, they instruct the chairman of their committee 
to introduce and ask the passage of a resolution in- 
structing the Treasurer to advance to each member and 
officer of this General Assembly one hundred dollars. 

Morgan Rawls, Chairman. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 



r j 



Mr Speaker: 

I am directed by his Excellency the Governor to 
deliver to the House of Representatives a communica- 
tion in writing, with accompanying document : 

Executive Department, 
Atlanta, Ga., November 8, 1871. 

To the General Assembly : 

On the fourth day of the present month I received 
from Hon. Joseph E. Brown, President of the Western 
& Atlantic Railroad Company, a communication of 
which the enclosed is a copy, in reference to certain 
errors contained in the inventory of the property of the 



74 JOURNAL OF THE HOl'SE. 

Western & Atlantic Railroad, turned over by the State 
to tlie present lessees, in which he requests that the 
errors may be eorreeted, and that the evidence of such 
correction be preserved. I have directed that this 
communication, with the accompanying documents, be 
recorded for preservation in the office of the Secretary 
of State of this date, and respectfully lay that fact, 
with a copy of such communication, before the General 
Assembly* that you may take such action in the mat- 
ter as you may think proper, if any should be neces- 
sary I think it but just that the company should be 
credited with such articles as it did not receive, which 
were charged upon the inventory, and that it be charged 
with all such articles as were omitted or not discovered 
at the time by the commission appointed to turn over 
the road to the lessees. 

Whether the communication made by the president 
on this subject, as filed in this office, and also recorded 
in the office of the Secretary of State, is sufficient evi- 
dence of the facts therein stated, or whether other ac- 
tion is necessary, I leave to your consideration. 

Benjamin" Conxey, Governor 

The foregoing message was read, and, with the ac- 
companying document, referred to the Committee on 
the Western & Atlantic Railroad. 

The Clerk proceeded to call the roll of the counties. 
for the introduction of new matter, and the following 
bills were introduced and read the first time : 

By Mr. Emerson of Whitfield — 

A bill to make it legal for Sheriffs, Coroners and other 
levying officers to sell certain kinds of personal prop- 
erty without exposing the same before the court-house 
door at the time of sale. 

By Mr. Mansfield of Stewart — 

A bill to increase the pay of jurors in Stewart county. 

By Mr. Killian of Towns— 



WEDNESDAY, NOVEMBER 8, 1871. 75 

A bill to amend an act entitled an act to amend an 
act to incorporate the Habersham & Union Turnpike 
Company, and grant certain privileges to the same, 
and for other purposes. 

By Mr. Crittenden of Randolph — 

A bill to amend section 2261 of Irwin' s Revised Code. 

By Mr. Bush of Miller— 

A bill to increase the pay of jurors in the county of 
Miller. 

Also, a bill to incorporate the town of Colquitt. 

Also, a bill to require all persons owning lands in 
the county of Miller to give in and pay the taxes due 
thereon in said county, and for other purposes. 

By Mr. Hall of Meriwether— 

A bill to protect human life. 

Also, a bill to re-establish the vendor's lien. 

Also, a bill to more effectually prevent the carrying 
of concealed weapons. 

By Mr. Jones of Macon — 

A bill to change the county of Macon from the South- 
western Judicial Circuit, and add the same to the 
Macon Judicial Circuit. 

Also, a bill to change the county site of Macon 
county 

By Mr. Parmer of Liberty — 

A bill to provide for the registration of the legal 
voters of Liberty county, and for other purposes. 

By Mr. Gfriffin of Houston — 

A bill to incorporate the Dollar Savings Bank of 
Fort Valley 

By Mr. Head of Haralson — 

A bill to require the owners of wild and unimproved 
lands in this State to return and pay taxes on the same 
in the county where said lands are situated. 

Also, a bill to repeal an act to change the time for 
the annual meeting of the Legislature of this State. 

By Mr. Simmons of Gwinnett — 

A bill to alter and amend section 3895 of Irwin's 
Revised Code. 



76 JOURNAL OF THE HOUSE. 

By Mr. Fain of Gordon — 

A bill to authorize the Town Council of the town of 
Calhoun to aid in the construction of the North Georgia 
& North Carolina Railroad. 

Also a bill to amend and alter and add to the several 
acts incorporating the town of Calhoun. 

By Mr. Hoge of Fulton — 

A bill to appropriate certain moneys for the compen- 
sation and reimbursement of Samuel Weil, Esq., For- 
eign Commissioner of immigration. 

By Mr. Jackson of Fulton — 

A bill to amend the charter of the city of Atlanta, 
by providing for the election of a Recorder and Audi- 
tor, and to prescribe their duties. 

Also, a bill to establish a city court in the city of 
Atlanta. 

By Mr. Williams of Decatur — 

A bill to increase the pay of jurors, and for other 
purposes. 

By Mr. Graham of Dade— 

A bill to prescribe the manner in which official bonds 
and bonds in legal proceedings shall be taken and ap- 
proved by Clerks, Sheriffs, Ordinaries and other officers 
of this State. 

Also, a bill to change the line between the counties 
of Walker and Dade. 

By Mr. Johnson of Clay — 

A bill to make it unlawful for any person to sell 
property incumbered by mortgage or lien without giv- 
ing the purchaser express notice of the existence of 
such mortgage or lien. 

Also, a bill to change the line between the counties 
of Clay and Calhoun. 

By Mr. Richards of Cherokee— 

A bill to authorize the Tax Collector of the county 
of Cherokee, to pay over to the Ordinary the State tax 
for the year 1871, to aid in the building of a court- 
house ill said county. 

By Mr. Payne of Catoosa — 



WEDNESDAY, NOVEMBER 8, 1871. 77 

A bill to repeal so much of section 699 of Irwin' & 
Code as exempts from road duty, teachers and students 
of colleges and schools, keepers of public grist-mills, 
public ferrymen, keepers of toll-bridges, turnpikes, 
causeways and plank-roads, engineers and persons in 
charge of cars and trains on railroads, and for other 
purposes. 

Also, a bill to change the time for the holding of the 
Superior Courts in the county of Catoosa. 

By Mr. Goodman of Campbell — 

A bill to change the time of holding the Superior 
Courts in Campbell county. 

By Mr. Hillyer of Camden' — 

A bill to change the time of holding the Superior 
Court of Camden county 

By Mr. Russell of Chatham — 

A bill to provide for the levying and collecting of a 
tax for the payment of bills for insolvent criminal 
costs due Benjamin L. Cole, late Sheriff, and William 
H. Bulloch, late Clerk of the Superior Court, of Chat- 
ham county. 

By Mr. Hunter of Brooks — 

A bill to prohibit and make penal the sale or pur- 
chase of agricultural products between the hours of 
sunset and sunrise. 

Also, a bill to repeal an act to amend section 3151 of 
the Revised Code. 

Also, a bill to repeal the first and second sections, 
and to alter and amend the third section of an act to 
prescribe the practice in cases of injunctions and other 
extraordinary remedies in equity, and the maimer of 
taking judgments on the same to the Supreme Corirt. 

By Mr. Peeples of Berrien — 

A bill to extend the right to unite parties in matri- 
mony to all practicing attorneys in this State. 

By Mr. Cray of Bartow— 

A bill to repeal an act to authorize payment of costs 
to officers of court of Bartow county. 

Also, a bill to increase the pay of jurors of Bartow 
county. 



78 JOURNAL OF THE HOUSE. 

By Mr. Wofford of Mr. Bartow— 

A bill to amend an act incorporating tlie Atlantic & 
Great "Western Canal Company 

By Mr. Clark of Troup - 

A lull to increase the pay of grand and traverse 
jurors of the county of Troup. 

By Mr. Bell of Webster— 

A bill to repeal part of section eight of an act to in- 
corporate the town of Preston in the county of Webster, 
and for other purposes. 

By Mr. Gumming of Richmond — 

A bill to amend the laws of this State in relation to 
garnishments. 

By Mr. Craig of Telfair— 

A bill to prohibit the ordinances and laws of the 
city of Darien, from conflicting with the interests and 
rights of parties shipping timber to said port. 

By Mr. Atkinson of Thomas — 

A bill to protect the public roads of Thomas county. 

The following bill was read the second time and re- 
ferred to the Committee on the Judiciary : 

A bill to repeal an act to provide for an election, 
and to alter and amend the laws in relation to the 
holding of elections. Approved October 3, 1870. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr Speaker: 

I am directed by his Excellency the Governor to de- 
liver to the House of Representatvies a communication 
in writing with accompanying document : 

Executive Department, 
Atilata, Ga., November 8, 1871. 

To tlie House of Representatives : 
I have the honor to transmit herewith for the consid- 



WEDNESDAY, NOVEMBER 8, 1871. 79 

eration of your honorable body, the report of the Sec- 
retary of State, showing the amount of railroad bonds 
indorsed by the State since the passage of the act re- 
quiring such bonds to be registered in the' office of the 

Secretary of State. 

Benjamin Conley, Governor 

The above message was read, and, with the accom- 
panying report referred to the Committee on Finance, 
and two hundred copies of said message and report 
ordered to be printed for the use of this House. 

State oe Georgia, 
Department of State, 
Atlanta, Ga., November 7, 1871. 

To Ms Excellency, 

Benjamin Conley, Governor : 
I have the honor to lay before you, for transmission 
to the General Assembly, a report of the railroad bonds 
indorsed by the State, since the passage of an act of 
October 25, 1870, to require all railroad bonds indorsed 
by the State of Georgia, to be registered in the office of 
the Secretary of State, and for other purposes therein 
mentioned : 



No. of 

Bonds 

Inculsive. 


Name of 
Railroad 
Company. 


Sea 


Gold 

or 

Currency. 


•3 2 


Interest, 
when due. 


. !>= 

SCu 


3 

6 

7 
7 


Total 
Amount 
Ecgiste'd. 


1501 to 3300 
1 to 600 
1 to 300 


Brunswick & Albany 
Macon & Brunswick. 


$1000 
1000 
1000 


Gold. 

Currency. 

Currency. 


1909 
1900 
1891 


Semi-Ann'ly 
Semi-Ann'ly 
Semi-Ann'ly 


N. Y. 
N. Y. 

N. Y. 


$1,800,000 
600,000 
300,000 



Note. — It will be understoood that the above table 
comprises only those bonds indorsed since I was re- 
quired by law to keep a register thereof. The register 
of bonds indorsed by the State, was, previous to the 
act above mentioned, kept in the Executive Depart- 
ment only. 

I am very respectfully, 

Your Excellency' s obedient servant, 
David G. (Dotting, 

Secretary of State. 



80 JOURNAL OF THE HOUSE. 

The following bills were read the third time, recom- 
mitted and referred to the Committee on the Judiciary : 

A bill to lay out and form a new county by the 
division of the county of Jefferson, and to organize the 
same. 

A bill to confer certain privileges on John T. Whit- 
sett of the county of Lee. 

A bill to authorize a counter-showing to a motion for 
a continuance in the courts of this State. 

A bill to alter and amend section 2267 of Irwin's 
Revised Code. 

A bill to repeal section fourteen of an act to carry 
into effect the second clause of the thirteenth section of 
the fifth article of the Constitution, etc., so far as the 
same is applicable to or affects the counties of Rabun, 
Habersham, Towns and Union. 

A bill to repeal the twenty-second section of an act 
for raising a revenue for the political year 1869, and to 
appropriate money tor the use of the government dur- 
ing said year, etc. 

The following bill was read the third time and laid 
on the table : 

A bill to change the time of meeting of the General 
Assembly 

The following bill was read the third time and lost : 
A bill to repeal an act passed by the General Assem- 
bly of 1870, to change the line between the counties of 
Lowndes and Berrien. 

The following bills were read the third time and 
passed : 

A bill to incorporate the Excelsior Slate Mining Com- 
pany, of the county of Polk. 

A bill to amend an act to authorize the Mayor and 
Council of Rome to subscribe not exceeding one Iran- 



WEDNESDAY, NOVEMBER 8, 1871. 81 

dred thousand dollars of the stock of the Memphis- 
Branch Railroad Company, and for other purposes. 

A bill to repeal an act to declare the poll tax of this 
State for the years 1868, 1869 and 1870, yet uncollected, 
illegal and to prevent the collection of the same. 

A bill to change the line between the counties of 
Mcintosh and Liberty - 

A bill to authorize the County Commissioners of 
Pike county to audit claims of officers for extra ser- 
vices, and for other purposes. 

A bill to abolish the City Court of the city of Macon, 
and to repeal an act to create and organize the City 
Court of Macon, etc. 

A bill to compensate grand and traverse jurors of 
the county of Polk. 

A bill to prohibit the granting of license to retail 
spirituous liquors within the corporate limits of the 
city of Gainesville. 

Mr. Simmons of Gwinnett, presented a memorial 
from the Georgia State Teachers' Association, which 
was referred to the Committee on Education, and two 
hundred copies of the same, together with a report of 
said association on "A System of Public Schools," 
ordered to be printed. 

Mr. Hudson presented a memorial from certain citi- 
zens of Macon county, in relation to the seat of the 
Hon. L. C. Jones on this floor, as a member from said 
county, which was referred to the Committee on Privi- 
leges and Elections. 

The following resolutions were read : 

By Mr. Russell — 

A resolution that the Committee on Finance be in- 
structed to inquire and report to this House what com- 
pensation, if any, should be allowed the committee 
and clerks having in charge the books of the Western 
& Atlantic Railroad. 

By Mr. Pierce — 

A resolution to appoint a committee of three to in- 
6 



82 JOURNAL OF THE HOUSE. 

vestignto a claim of Fleming G. Grieve, of Baldwin 
county, against the State, for preserving the records of 
the Supreme Court, during the war. 

Bv Mr. Hunter— 

A joint resolution that the Hon. William B. Flem- 
ing «»i Chatham county, John C. Xichols of Pierce, 
W B. Bennett of Brooks, and A. H. Hansell of 
Thomas. be appointed commissioners to represent the 
stock owned by this State, in the Atlantic & Gulf Rai- 
road. 

.Also, a resolution that a committee of one from each 
Congressional District be appointed to confer Avith a 
corresponding committee from the Senate, in regard to 
the present arrangement of Senatorial Districts, and 
report such changes in the same as they may deem 
proper. 

Mr. Jackson offered a resolution inviting the trus- 
tees of the State University to seats on this floor. 

Mr. Simmons of Gwinnett moved to amend by ad- 
ding, "and the trustees of Emory, Mercer and Ogle- 
thorpe Colleges, and the trustees of the Blind and Lu- 
natic Asylums." 

Mr. Hudson moved to amend so as to admit all 
trustees of colleges and schools of this State to seats 
on this floor. 

On motion of Mr. Goldsmith, the resolution and 
amendments were laid on the table. 

The following resolutions were read and agreed to : 

By Mr. Simmons of Hall — 

A resolution inviting Dr. Stephenson, professor of 
mineralogy, to a seat on this floor. 

By Mr. Russell— 

A resolution tendering the use of this Hall to-night, 
to General Duff Green, for the purpose of presenting 
his views on the subject of finance. 

By Mr. Rawls— 

I?esoIv< j -7, That the Treasurer be instructed to ad- 



THURSDAY, NOVEMBER 9, 1871. 83 

vance to each member and officer of this General As- 
sembly one hundred dollars. 

Mr. Bush gave notice that on to-morrow he would 
move to reconsider this resolution. 

Leave of absence were granted Mr. Renfroe and Mr. 
Lamkin, until Monday next. 

The House adjourned until nine o'clock a. m. to- 
morrow. 



Atlanta, Georgia, 
Thursday, November 9, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev. Mr. Cox. 

The Journal of yesterday was read and approved. 

Mr. Bush moved to reconsider so much of the Jour- 
nal of yesterday as required the Treasurer to advance 
one hundred dollars to each officer and member of this 
General Assembly 

The motion was laid on the table. 

A sealed package, addressed to the Speaker, con- 
taining the evidence in the contested election of the 
county of Glynn, was referred to the Committee on 
Privileges and Elections. 

Mr. W D. Anderson presented a memorial of John 
D. Sims and Andrew J Smith, contesting the seats of 
Messrs. H. J. Sargent and Samuel Smith, on this floor, 
as Representatives from the county of Coweta, which, 
together with the evidence relating thereto, was refer- 
red to the Committee on Privileges and Elections. 

Mr. McMillan presented a memorial of TV A. Parks, 
agent of the American Bible Society, which was refer- 
red to the Committee on Finance. 



84 JOURNAL OF THE HOUSE. 

The following resolutions were agreed to : 

By Mr. dimming — 

A resolution requesting Hon. Benjamin Conley, ex- 
ercising the Executive powers of the government, to 
communicate information to this House in relation to 
land scrip. 

By Mr. Goldsmith— 

A resolution that the Messenger furnish three copies 
of the Comptroller General's report to each member of 
this House. 

B3- Mr. Pierce — 

A resolution that the Committee on the Western & 
Atlantic Railroad inquire into the lease of said road 
by the late Governor ; whether the terms of the lease 
are in conformity with the law authorizing it ; whether 
the negotiations were fair ; whether the contract is legal 
and the security sufficient ; whether the interests of the 
State are sufficiently protected; that the committee 
report by bill or otherwise, and have power to send 
for persons and papers. 

By Mr. Rawls — 

A resolution to compel railroad companies that have 
received State aid, to make reports, etc. 

Mr. Bacon offered a resolution, that a special com- 
mittee of seven be appointed to make a thorough in- 
vestigation of the transactions in bonds, money and 
other securities of the State of Georgia, between Rufus 
B. Bullock, late Governor, and Henry W Clews & 
Co., of New York, through the Georgia National Bank 
of Atlanta, or otherwise ; and that said committee have 
power to send for persons and papers. 

Mr. Hoge moved to amend by inserting the words, 
1 1 tin? Committee on Public Expenditures be instructed, ' ' 
in lieu of the words, "a special committee of seven be 
appointed." 

Mr. Scqtt offered as a substitute, a resolution that a 
committee of three be appointed to ascertain from the 
Treasurer, and report to this House the amount he has 



THURSDAY, NOVEMBER 9, 1871. 85 

paid out on account of claims against the Western & 
Atlantic Railroad, audited by the commissioners, and 
what amount has been paid on what are called liqui- 
dated claims by himself or others, as far as he knows. 

On motion, the resolution, amendment and substi- 
tute were laid on the table for the present. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr, Speaker; 
The Senate has passed the following bill, to- wit : 
A bill to incorporate the Savannah & Thunderbolt 

Railroad Company, and for other purposes. 

Mr. Phillips, chairman of the Committee on Privile- 
ges and Elections, made the following report, to-wit: 

Mr Speaker: 

The Committee on Privileges and Elections beg leave 
to report that we have had under consideration a reso- 
lution directing us to inquire into the case of Mr. 
George W Rumph, applicant for a seat from the county 
of Wayne, and we find, upon investigation, that no 
election has been held in said county according to the 
act approved October 3, 1870. We therefore recom- 
mend that his seat be declared vacant, and that the Leg- 
islature direct the Governor to order an election to fill 
said vacancy. 

R. W Phillips, CJiairman. 

Which was adopted. 

Mr. Phillips then offered a resolution requesting the 
Governor to order an election for Representative from 
the county of Wayne, which was agreed to. 

Mr. Jackson, chairman of the Committee on Educa- 
tion, made the following report, to-wit : 

Mr Speaker: 

The Committee on Education recommend that a bill 
to be entitled an act to change the charter of the Uni- 



so joikxal of the house. 

versify of Georgia, so as to add four additional trus- 
ters to the board, and give the election of said trustees 
to the Alumni Society, do pass. 

Hkxky Jacksox, Chairman. 

Mr. Huge, chairman of the Committee on the Judi- 
ciary, made the following reports, to-wit : 

Jlr Speaker : 

The Committee on the Judiciary, to whom was refer- 
red, a bill to be entitled an act to repeal an act enti- 
tled an act to provide for an election, and to alter and 
amend the laws in relation to the holding of elections, 
approved October 3, 1870, have had the same under 
consideration, and direct me to report it back to the 
House, with the recommendation that it do pass. 

E. F HoCtE, Cltairiiian. 

Jlr Speaker: 

The Committee on the Judiciary have had under con- 
sideration, and instructed me to report back to the 
House, with various recommendations, the following 
bills, to-wit: 

A bill to be entitled an act to alter and amend sec- 
tion 3644 of Irwin 1 s Code, relating to the fees of Clerks 
of the Superior Court, so far as relates to the county of 
Chatham, with the recommendation that it do pass. 

A bill to be entitled an act to compensate grand and 
trraverse jurors of the Superior Courts of DeKalb 
county, and to authorize the Tax Collector of said 
county to receive jury certificates for county taxes, and 
to pay Constables who serve during the session of 
DeKalb Superior Court, with the recommendation that 
it do pass. 

A bill to be entitled an act to amend an act, ap- 
proved October 10, 1868, entitled an act to incorporate 
the Memphis Branch Railroad Company, and to grant 
certain powers and privileges to the same, and for other 
purposes ; and to legalize and make valid the organi- 



THURSDAY, NOVEMBER 9, 1871. 87 

zation of said company, with the recommendation that 
it do pass. 

A bill to be entitled an act to restore the jurisdiction 
of Notaries Public and Justices of the Peace in the 
Twenty-Ninth Senatorial District, as it existed before 
the law establishing a District Court in said district, 
with the recommendation that it do not pass. 

A bill to be entitled an act to make it a penal offense 
for a laborer to abandon his employer before the expi- 
ration of the term he contracted to labor, and for other 
purposes, the committee recommend, do not pass. 

A bill to be entitled an act to alter and amend sec- 
tion 256 of the Code, and to require all writs and bills 
in equity to be recorded before termination of suit, the 
committee recommend do not pass. 

A bill to be entitled an act to explain and alter sec- 
tions 244 and 4841 of the Revised Code of Georgia, 
with the recommendation that it do pass. 

A bill to be entitled an act to repeal an act to organ- 
ize the District Court and define its jurisdiction, and 
for other purposes, with the recommendation that it do 
pass. 

The committee recommend that the bill to be enti- 
tled an act to limit the lien of judgments of Justice' s 
Courts be amended by adding the following, to be 
numbered the third (3d) section, to- wit: "The pro- 
visions of this act shall go into effect at the expiration 
of three months from the passage thereof ; ' ' and, when 
thus amended, that the bill do pass. 

A bill to be entitled an act to fix the compensation 
of the members of the General Assembly, the commit- 
tee respectfully return to the House, with he recom- 
mendation that it be referred to the Committee on Fi- 
nance. 

Your committee have also had under consideration 
the bill to be entitled an act .to provide for a special 
election for Governor, to fill the unexpired term of E. 
B. Bullock, late Governor, and for other purposes, and 
as a number of amendments suggested themselves as 



SS JOURNAL OF THE HOUSE. 

eminently proper, the committee has instructed me to 
report, as a matter of convenience, a substitute for the 
1)111 referred, with the recommendation that it do pass. 

In view of the importance of the matter contained 
in this substitute off-red by the committee, it is further 
recommended that it be made the special order for to- 
morrow, and that two hundred copies be printed for 
the use of the members of the House. 

Respectfuly submitted. 

E. F Hoge, Chairman. 

The following bills were read the third time and 
passed : 

A bill to explain and alter sections 244 and 4841 of 
the Revised Code of Georgia. 

A bill to compensate grand and traverse jurors of 
the Superior Courts of DeKalb county, and to author- 
ize the Tax Collector to receive jury certificates for 
county taxes, and to pay Constables who serve during 
the sessions of DeKalb Superior Courts. 

A bill to amend the charter of the Memphis Branch 
Railroad Company 

A bill to change the charter of the University of 
Georgia, so as to add four additional trustees to the 
board, etc. 

A bill to repeal an act to provide for an election, and 
to alter and amend the laws in relation to the holding 
of elections. Approved October 3, 1870. 

The following bill was read the third time and passed, 
as amended : 

A bill to limit the lien of judgments of Justice's 
Courts. 

The folloAving bills were read the third time and 
laid on the table for the present : 

A bill to make it a penal offense for a laborer to 
abandon his employer before the expiration of the 
term he contracted to labor, and for other purposes. 



THURSDAY, NOVEMBER 9, 1871. 89 

A bill to alter and amend section 3644 of the Code, 
relating to fees of the Clerk of the Superior Court, so 
far as relates to the county of Chatham. 

A bill to repeal an act to organize the District Court, 
and define its jurisdiction, and for other purposes, was 
read the third time, and made the special order for 
Saturday, November 11. 

A bill to fix the compensation of the members of the 
General Assembly, was read the third time, recommit- 
ted, and referred to the Committee on Finance. 

A bill to provide for the election of a Governor was 
read the third time, and a substitute for the same, re- 
ported by the Committee on the Judiciary, was made 
the special order for to-morrow morning. 

Two hundred copies of the substitute were ordered 
to be printed for the use of this House. 

The following bills were read the third time and 
lost: 

A bill to alter and amend section 258 of the Code, 
and to require all writs and bills in equity to be re- 
corded before termination of suit. 

A bill to restore the jurisdiction of Notaries Public 
and Justices of the Peace in the Twenty-Ninth Sena- 
torial District, as it existed before the law creating Dis- 
trict Courts in said district. 

The following bills were read the second time and 
referred to the Committee on the Judiciary : 

A bill to make it legal for Sheriffs, Coroners and 
other levying officers to sell certain kinds of personal 
property without exposing the same before the court- 
house door at the time of the sale. 

A bill to amend section 2261 of Irwin's Revised 
Code. 

A bill to protect human life. 

A bill to re-establish the vendor' s lien. 

A bill to more effectually prevent the carrying of 
■concealed weapons. 



90 JOURNAL OF THE HOUSE. 

A bill to provide for the registration of the legal 
voters of Liberty comity, and for other purposes. 

A bill to alter and amend section 389o of Irwin's Re- 
vised Code. 

A bill to repeal an act to change the time for the an- 
nual meeting of the Legislature of this State. 

The folloving bills were read the second time and 
referred to Committee on Corporations : 

A bill to amend and alter and add to the several acts 
incorporating the town of Calhoun. 

A bill to authorize the Town Council of the town of 
Calhoun to aid in the construction of the North Geor- 
gia & North Carolina Railroad. • 

A bill to incorporate the town of Colquitt, and pro- 
vide for the election of commissioners of the same. 

A bill to change the county-site of Macon county, 
was read the second time, and referred to the Commit- 
tee on New Counties and County Lines. 

A bill to incorporate the Dollar Savings Bank of 
Fort Valley, was read the second time and referred to 
the Committee on Banks. 

The following bills were read the second time and 
referred to the Committee on Finance : 

A bill to require the owners of wild and unculti- 
vated lands in this State, to return and pay taxes on 
the same in the county where said lands are situated. 

A bill to increase the pay of jurors in Stewart county. 

A bill to require all parties who own lands in the 
county of Miller, to give in and pay the taxes due 
thereon in said county, and for other purposes. 

The following bills were read the second time and 
ordered to be engrossed : 

A bill to increase the pay of /jurors in the county of 
Miller. 



THURSDAY, NOVEMBER 9, 1871. 91 

A bill to amend an act to incorporate the Habersham 
& Union Turnpike. 

A bill to change the county of Macon from the South- 
western Judicial Circuit, and add the same to the 
Macon Judicial Circuit. 

The following message was received from the Senate,. 
through Mi*. Hill, the Secretary thereof : 

Mr Speaker : 
The Senate has passed the following bills, to-wit : 

A bill to repeal the usury laws of this State, and fix 
the rate of interest in cases where the contracting par- 
ties do not fix the rate thereof in writing. 

Also, a bill to alter and amend section 649 of Irwin' s 
Revised Code. 

Also, a bill to repeal an act entitled an act to organ- 
ize the District Court, and define its jurisdiction, and 
for other purposes. 

Also, a bill to alter and amend an act entitled an 
act to incorporate the town of Hawkinsville, in the 
county of Pulaski, to define the limits of the same, 
and to repeal all previous acts passed incorporating 
the same, and the acts amendatory thereof. Approved 
October 28, 1870. 

Also, a bill to confer additional powers upon the 
corporate authorities of the town of Barnesville, in the 
county of Pike. 

Also, a bill to repeal an act entitled an act to amend 
an act, assented to August 27, 1870. 

Also, a bill to amend an act to prescribe the practice 
in cases of injunctions and other extraordinary reme-. 
dies in equity, and the manner of taking judgments 
thereon to the Supreme Court. 

The Senate has agreed to the following resolution, in 
which they ask the concurrence of the House of Rep- 
resentatives, to-wit : 

A resolution appointing certain persons commission- 



92 JOURNAL OF THE HOUSE. 

ers to vote the stock of the State in the Atlantic & Gulf 
Railroad. 

Leave of absence was granted Messrs. Rutherford, 
Patillo and Colby, and to Mr. "W J. Born, Door- 
Keeper. 

The House adjourned until 9 o'clock a. m. to-morrow. 



Atlaxxa, Gi:okg ia, 
Friday, November 10, 1871. 

The House met pursuant to adjournment, was called 
to order ] >y the Speaker, and opened with prayer by 
Rev. Mr. Cox. 

The Journal of yesterday was read and approved. 

The special order of the day, which was the substi- 
tute reported by the Committee on the Judiciary, for 
the ' ' bill to be entitled an act to provide for a special 
election for Governor, to fill the unexpired term of 
Rufus B. Bullock, and for other purposes," was taken 
up and read. 

Mr. Simmons of Gwinnett moved to amend by 
striking out the third section. 

Mr. Fain called the previous question on the motion 
of Mr. Simmons of Gwinnett, and the call was not 
sustained. 

Mr. Jackson moved that the question of the policy 
of holding an election, together with, the bill under 
discussion, be referred to the Committee on the State 
of the Republic. 

Mr. Riley called the previous question, withdrew 
the call, afterwards renewed it, and it was sustained. 

Mr. Jackson's motion was lost. 

The motion of Mr. Simmons of Gwinnett prevailed, 
and the third section was stricken out. 

The bill was then read, put upon its passage, and 
passed as amended. 



FRIDAY, NOVEMBER 10, 1871. 93 

The following resolutions were agreed to : 

By Mr. Bush — 

A resolution that the Messenger furnish a seat and 
desk on this floor to the reporter of the Augusta Con- 
stitutionalist. 

By Mr. Davis of Newton— 

A joint resolution for the consolidation of the Com- 
mittees on Agriculture and Manufactures of the two 
Houses. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, Secretary 
thereof, to- wit: 

Mr. Speaker: 

His Excellency the Governor has approved and 
signed the following act, to-wit : 

An act to repeal an act entitled an act to make it law- 
ful for the legal voters of the city of Atlanta to vote for 
Mayor in any one of the wards in said city : Provided, 
no person shall vote but one time at the same election, 
and to prevent any person from voting for Councilmen 
for any other ward than the one in which he actually 
resides at the time of voting. Assented to October 25, 
1870. 

Mr. Bush, chairman of the Committee on Journals, 
submitted the following report : 

Mr. Speaker: 

The Committee on Journals have examined the Jour- 
nals of this House to date, and find that they have 
been neatly and correctly kept by Mr. Samuel Lump- 
kin, the Journalizing Clerk. 

Bush of Miller, 
Chairman Committee on Journals. 

Mr. Hall of Upson, chairman of the Committee on 



94 JOURNAL OF THE HOUSE. 

Internal Improvements, submitted the following re- 
port, to-wit : 

31 r Speaker : 

The Committee on Internal Improvements have had 
under consideration a resolution of the House, instruct- 
ing this committee to report a bill imposing a penalty 
on railroads that have received aid from the State, 
which fail to make such reports as are required of 
them by law, to the Superintendent of Public Works, 
and also instructing said committee to report any 
other legislation to protect the interests of the State in 
extending aid to railroads, and make the following 
recommendations in reference thereto, to-wit : 

The committee recommend the introduction and pas- 
sage of the bill, and the introduction and adoption of 
the resolution herewith submittted. 
All of which is respectfully submitted. 

Hall of Upson, 

Chairman. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

3Ir Speaker: 

The Senate has passed the following bills, which I 
am directed to transmit forthwith to the House of Rep- 
resentatives, to-wit : 

A bill to amend an act, approved October 27, 1870, 
to open and construct a railroad from Athens, Georgia, 
to some point on the Blue Ridge Railroad, near Clay- 
ton. 

Also, a bill to incorporate the Chattahoochee Manu- 
facturing Company 

Also, a bill to create a Board of Commissioners of 
Roads and Revenue for the county of Baker. 

Also, a bill to change the time of holding the Supe- 
rior Courts of Talbot count}' 



SATURDAY, NOVEMBER 11, 1871. 95 

The Senate has also agreed to the following resolu- 
tion, to-wit : 

A resolution appointing a select joint committee, con- 
sisting of two from the Senate and three from the 
House of Representatives, to whom shall be referred a 
lb ill of the Senate entitled an act for the apportionment 
of Representatives of the General Assembly, and have 
appointed on the part of the Senate, Messrs. Hoyle and 
Kibbee. 

Leave of absence was granted Messrs. Scott, What- 
ley, Guyton, Booth, Etheridge, Bowie, Colby, Clower, 
and Sargent. 

The House adjourned until 9 o'clock a. m. to-morrow. 



Atlanta, Geoegia, 
Saturday, November 11, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev. Mr. Cox. 

The Journal of yesterday was read and approved. 

The special order of the day, which was a bill to be 
entitled an act to repeal an act to organize the District 
€ourt, and define its jurisdiction, and for other pur- 
poses, was taken up and read. 

Mr. Hillyer moved to amend by excepting from the 
provisions of the bill, all districts having at least one 
county with a population of ten thousand inhabitants. 

Tabled on motion of Mr. Paxton. 

Mr. Pou moved to amend by providing that the 
Judges and Solicitors of the several District Courts 
which have been actually organized and have pro- 
ceeded to the transaction of business, shall be compen- 
sated in a sum in such proportion to their annual sala- 



96 JOURXAL OF THE HOUSE. 

ries as tlie time since said organization bears to the 
period of one year. 

Mr. McMillan moved to amend by inserting a sec- 
tion legalizing all the acts and proceedings of the Dis- 
trict Courts, and providing for the compensation of the 
Judges and Solicitors. 

Mr. Russell moved to amend by excepting from the 
provisions of Mr. McMillan's amendment, the county 
of Chatham. 

On motion of Mr. Graham, the amendments offered 
by Messrs. Pou, McMillan and Russell were laid on 
the table. 

Mr. Griffin of Houston moved to recommit the bill, 
and refer it again to the Committee on the Judiciary, 
which was lost. 

Mr. Richards moved to lay the bill on the table, 
which was lost. 

The previous question was called, the call sustained, 
and the bill read, put upon its passage and passed. 

Mr. Simmons ox Hall offered a resolution that each 
of the- pages of this House be paid the sum of dol- 
lars as an advance for their services during the present 
session of this General Assembly 

Mr. McAYhorter moved to amend by filling the blank 
in said resolution with the word twenty -live, which 
amendment was accepted, and the resolution, as thus 
amended agreed to. 

Mr. Jackson ottered a resolution requiring all offi- 
cers and agents of the Western & Atlantic Railroad to 
pay to the State Treasurer all balances of money be- 
longing to said road in their hands. 

Mr. Pierce moved to amend by adding a proviso that 
nothing in said resolution contained should be con- 
strued as expressing the sense of this House, that the 
balances admitted by the said officers and agents are 
the real balances due, which amendment was accepted, 
and the resolution, as thus amended, was agreed to. 

Mr. Payne offered a resolution providing for the ap- 
pointment of a joint committee to inquire into and re- 



SATURDAY, NOVEMBER 11, 1871. 97 

port what bonds of this State, issued in aid of railroads, 
were fraudulently issued, and what bonds were legally 
issued, so that action may be promptly taken to pro- 
tect the credit of the State. 

Mr. Bacon offered as a substitute, a resolution in- 
structing the joint Finance Committee to inquire into 
and report upon all matters touching transactions in 
Georgia bonds and finances between Rufus B. Bullock 
and Henry Clews & Co., through the Georgia National 
Bank of Atlanta, or any other bank or person, and 
that said committee hare power to send for persons and 
papers. 

Mr. McMillan moved to amend the substitute by 
providing that if the committee, from the evidence be- 
fore them, have reason to suspect any present or for- 
mer official of any offense against the laws of this 
State, the chairman shall forthwith sue out a warrant 
for the arrest of such official, and in case of his ab- 
sence from the State, shall procure a requisition, to be 
made upon the Executive of the State to which he has 
fled, for his delivery, that he may be brought to jus- 
tice. 

Mr. Bacon accepted the amendment. 

Mr. Hall of Upson moved to amend the substitute 
by striking out Finance Committee and inserting Com- 
mittee on Public Expenditures. 

This motion did not prevail, and the substitute, as 
amended, was agreed to. 

Mr. Hall of Meriwether offered a resolution instruct- 
ing the Committee on Privileges and Elections to in- 
quire into the eligibility of Mr. David H. Johnson, 
who is contesting the seat of Mr. Daniel A. Johnson 
on this floor, as member from the county of Paulding, 
under the Fourteenth Amendment to the Constitution 
of the United States. v 

Mr. McMillan moved to amend by simply requiring 
the committee to report upon the right of the con- 
testant to a seat in this House. 
7 



98 JOURNAL OF THE HOUSE. 

On motion of Mr. Pierre, the resolution and amend- 
ment were laid on the table. 

Mr. Griffin of Houston offered a resolution requiring 
the Finance Committee to inquire why the Treasurer 
under Governor Jenkins' administration, has not set- 
tled with the present Treasurer, and report what has 
been done with the two hundred and fifty thousand 
dollars alledged to have been in his possession. 

The rules were suspended and the resolution adopted. 

Mr. Bunn presented a memorial from John A. Jones, 
of Polk county, in relation to a certain lot of land, 
which, without being read, was referred to the Com- 
mittee on Petitions and Memorials. 

The Speaker announced the following gentlemen as 
additional members of the Committee on the Peniten- 
tiary: Messrs. Simmons of Hall, Riley of Lumpkin, 
Palmer of Dawson. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit : 

Mr Speaker : 

I am directed by his Excellency the Governor to de- 
liver to the House of Representatives a communication 
in writing, with accompanying document : 

Executive Department, 
Atlanta, Ga., November 11, 1871. 

To the General Assembly : 

I have the honor to transmit herewith the annual 
report of the Superintendent of Public Work upon 
State-aid railroads for the year ending October 1, 1871, 
made in pursuance of a joint resolution of the Legis- 
lature. Approved September 21, 1868. 

The report is very full and comprehensive, and con- 
tains a large amount of valuable information upon the 
subject to which it is devoted. It embraces a complete 
alphabetical tabrdar statement of the railroads to which 



SATURDAY, NOVEMBER 11, 1871. 2) 

State aid lias been granted, the date when such aid 
was granted, the date of the charter of each road, the 
amount of capital stock allowed by the charter, and 
the amount per mile for which the indorsement of the 
State was authorized by law to be given. It also em- 
braces the reports of the officers of some of these com- 
panies, giving a complete and detailed statement of 
the condition of their roads, the amount of capital 
stock subscribed, the number of bonds issued and in- 
dorsed by the State, the number of miles completed, 
the cost of construction and equipment, etc., etc. The 
officers of a large number of these roads, however, 
have failed to make reports, and the Superintendent of 
Public Works is therefore unable to furnish reliable 
and satisfactory information in reference to them. 

There are also included in the report, tables showing 
the value of property in the counties through which 
many of these roads pass, and a comparison of the 
value of such property for the years 1866, 1867, 1868, 
1869 and 1870. 

The attention of your honorable body is respectfully 
invited to the recommendations contained in the.report 
in reference to the public buildings of the State, and 
to the map of the State, as well as to the very able and 
elaborate suggestions upon the subject of a direct and 
unobstructed water communication between the great 
Mississippi Valley and the Atlantic Ocean, and I trust 
that these recommendations and suggestions may meet 
with your earnest and serious consideration. 

Bnx-TAMix Copley, Governor 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof : 

Mr Speaker : 

The Senate has passed a bill to repeal and alter the 
punishment prescribed in certain sections of the Co le 
therein named. 

The Senate has also agreed to a resolution instruct- 



100 JOURNAL OF THE HOUSE. 

ing tlie joint Finance Committee to inquire into the 
iinancial condition of this State, in which they ask the 
concurrence of the House of Representatives. 

The Senate has also concurred in the resolution of 
the House of Representatives, instructing the joint 
Committee on Finance to proceed forthwith to investi- 
gate all matters touching the transactions in bonds, 
moneys and other securities of the State of Georgia, 
between Rufus B. Bullock, Henry Clews & Co., the 
National Bank of Atlanta, and other parties, with 
power to send for persons and papers. 

Mr. Hoge, chairman of the Committee on the Judi- 
ciary Committee, made the following report: 

Mr ^pcalcvr : 

The Judiciary Committee, to whom was referred a 
bill to be entitled an act to order a sj)ecial election for 
a Governor of this State, has had the same under con- 
sideration, and instructs me to report the same to the 
House, with the recommendation that it do not pass. 

A bill to be entitled an act to require defendants in 
actions for the recovery of real estate, to file an ab- 
stract of the title on which they rely, the committee 
has considered, and recommend that it do not pass. 

Also, a bill to be entitled an act to amend the road 
laws of this State, the committee recommend do not 
pass. 

The committee has also had under consideration a 
bill to be entitled an act to exempt firemen from jury 
duty To this bill the committee suggests sundry 
amendments, and, when amended as proposed, it is 
recommended that it do pass. 

E. F Hook, 
( 'halniuiii Judiciary Committee. 

Mr. Pawls, chairman of th" Committee on Finance, 
submitted the following report, to wit : 



SATURDAY, NOVEMBER 11 1871. 101 

Mr, Speaker : 

The Committee on Finance beg leave to report that 
they have had before them a resolution extending the 
time for the collection of taxes for the year 1871, which 
they recommend do not pass. 

Also, a bill to authorize the Tax Collector of Gwin- 
nett county to pay over to the Ordinary of said county 
the State tax for the year 1871, which they recommend 
do not pass. ■ 

Also, a bill to be entitled an act to compensate phy- 
sicians for medical services rendered to paupers in this 
State, which they recommend do not pass. 

Also, a bill to authorize the Mayor and Council of 
the city of Cuthbert to issue bonds for educational 
purposes, and to assess and collect taxes to pay the 
same, which they recommend do pass. 

Also, a bill to be entitled an act to increase the pay 
of jurors for the county of Randolph, which they recom- 
mend do pass. 

Also, a bill to be entitled an act for the relief of M. 
J. Griffin, of the county of Lowndes, which they recom- 
mend do not pass. 

Also, a bill to be entitled an act to increase the pay 
of jurors in Stewart county, which they recommend do 
pass. 

Moegax Rawls, 
Chairman Finance Committee. 

Mr. McMillan, chairman of the Enrolling Committee, 
submitted the following report : 

Mr Speaker; 

The resolution instructing the Treasurer to advance 
to each member and officer of the General Assembly 
one hundred dollars, is duly enrolled and ready for 
the signature of the Speaker of the House of Repre- 
sentatives. 

Gaiixett McMillax, 
Cliairmaii of the Enrolling Committee. 



lo-j JOUKXAL OF THE HOUSE. 

The following message was received from the Senate, 
through Mv. Hill, the Secretary thereof : 

31 r Sprola-r ; 

The Senate has concurred in a resolution of the House 
of I've] avsentatives instructing the Treasurer to advance 
to each member and officer of this General Assembly 
one hundred dollars, and I am instructed to transmit 
the same forthwith to the House of Representatives. 

The f blowing message was received from the Execu- 
tive 1 Department, through Mr. Atkinson, the Secretary 
thereof, to-wit : 

3Tr Speaker : 

I am directed by his Excellency the Governor to de- 
liver to the House of Representatives a communication 
in. writing, with accompany document. 

The message was taken up and read, and is as fol- 
lows : 

Exec ttive Department. 
Atlaxta, Ga., November 11 1871. 

To tltc House of Representatives : 

I herewith return, without my approval, a resolution 
rescinding a joint resolution of the last General As- 
sembly Approved May 5, 1870. 

My reasons for refusing to sanction this resolution 
are these : 

The resolution, sought to be repealed hj the one now 
under consideration, requires the Treasurer to pay 
only such warrants as are regularly issued by the Ex- 
ecutive, and countersigned by the Comptroller Gen- 
eral, in accordance to lain. So long as I shall exer- 
else the duties of the Executive office, I shall draw no 
warrants not in strict conformity to law, and no A'alid 
reason can be assigned why a warrant legally drawn 
and countersigned should not be paid by the Treasurer 
upon presentation. Anything tending to impede the 



SATURDAY, NOVEMBER 11, 1871. 103 

payment thereof, is, in my judgment, unjust to the 
holders of legal warrants, and must tend to bring the 
good name of the State into discredit. We should en- 
deavor to avoid doing anything tending directly or in- 
directly to work an injustice of this description, how- 
ever slight, or to create an impression that the State 
does not meet with promptness and fidelity all legal 
draft upon her Treasurer. 

The second branch of the resolution would meet my 
approval, if I could conscientiously sanction the first, 
although I deny the general proposition that a solemn 
act of the General Assembly can be suspended, modi- 
fied or repealed by a mere joint resolution. 

I had determined, before the action of the General 
Assembly upon this resolution, to draw no more war- 
rants upon the twentieth section of the general appro- 
priation act of October 25, 1870, and I shall adhere 
strictly to that determination in accordance with the 
indication of the sense of the General Assembly, until 
"final action" is had in the premises, unless the public 
good imperitively demands that I should act otherwise. 

Bexjamix Coxley, Governor 

Mr. Scott moved to pass the resolution over the veto. 

Mr. Pou moved to make it the special order for next 
Tuesday, 14th instant. 

Mr. Payne moved to refer the resolution and mes- 
sage to the Committee on the Judiciary, and make 
their report thereon the special order for next Monday, 
13th instant 

The Speaker ruled this motion out of order. 

Mr. Hudson moved to have two hundred copies of the 
message and resolution printed, and made the special 
order for Monday next, 13th instant. 

On motion of Mr. Bacon, the question was divided, 
and the motions to postpone were lo?;t. 

Mr. Simmons of Hall then called the previous ques- 
tion on the motin of Mr. Scott, the call was sustained. 
and the main question put. 

The yeas and nays were required, and are as follows : 



104 



JOURNAL OF THE HOUSE. 



Those voting in the affirmative are Messrs. - 



Anderson, Wm. D. 

Anderson, Wm. P. 

Bacon, 

Baker of Bryan, 

Baker of Pike, 

Ballanger, 

Barksdale, 

Barron, 

Bate man, 

Beaseley, 

Bell, 

Braddy, 

Brawner, 

Brewton of Tatnall, 

Bryan, 

Bunn, 

Bush, 

Butts, 

Carlton, 

Cato, 

Clianeey, 

Cliastain, 

Clark of Richmond, 

Clark of Troup, 

Cleghorn, 

Clements, 

Cloud, 

Cody, 

Collins, 

Converse, 

Cox, 

Crittenden, 

dimming, 

Davenport, 

Davis of Newton, 

Dell, 

Edwards, 

Emerson, 

Fain, 

Farmer, 

Field, 



Flynt, 

Glover, 

Goldsmith, 

Graham, 

Gray, 

Guerry, 

Hall of Meriwether, 

Hall of Upson, 

Hammond, 

Hancock, 

Harvey, 

Head, 

Heidt, 

Ilendley, 

Howell^ 

Hooks, 

Hudson, 

Hughes, 

Hunter, 

Jackson, 

Jenkins, 

Johnson of Clay, 

Johnson of Spalding, 

Jones of Gwinnett, 

Jones of Hart, 

Jones of Terrell, 

Kelly, 

Kennedy, 

Killian, 

Knowles, 

Lang, 

Lipsey, 

Mann, 

Martin, 

Mattox, 

McConnell, 

McMillan, 

McNeal, 

Meadows, 

Morris, 



Morrison, 

Murphy of Burke, 

Murphy of Harris, 

Netherland, 

Nutting, 

Palmer, 

Paulk, 

Paxton, 

Payne, 

Pentecost, 

Phillips, 

Pierce, 

Pou, 

Rawls, 

Reid, 

Richards, 

Riley, 

Ross, 

Rountree, 

Russell, 

Scott, 

Sellers, 

Simmons of Gwinnett, 

Slaton, 

Smith of Oglethorpe, 

Sneed, 

Spence, 

Stovall, 

Summers, 

Tarver, 

Taylor, 

Trammell, 

Watters, 

West, 

Wilson, 

Wofford of Banks, 

Wofford of Bartow, 

Wood, 

Woodward, 

Wynn. 



Those voting in the negative are Messre. — 



Allred, 

Atkinson, 

Battle, 



Blue, 

Brady, 

Bruton of Decatur, 



Brown, 

Campbell, 
Colby, 



MONDAY, NOVEMBER 13, 1871. 105 



Davis of Cla.ike, 


Joiner, 


O'Neal, 


Dukes, 




Jones of Macon, 


Ormond, 


Foyd, 




Lewis, 


Putnej r , 


Franklin, 




Mansfield, 


Ricliardson, 


Goodman, 




McWhorter, 


Simmons of Hall. 


Griffin of Tw 


•iggs, 


Moreland, 


Smith of Coweta, 


Hillyer, 




Oliver, 


Williams. 


Hoge, 
Yeas 121. 


Nays 31. 







So the resolutions was passed by a constitutional 
majority of two-thirds, over the Governor's veto, and 
ordered to be transmitted forthwith to the Senate. 

Leave of absence was granted Messrs. Peeples, Cox, 
Johnson of Jefferson, Stovall, Griffin of Twiggs, and 
Craig ; and also to Messrs. Riley, Palmer, Simmons of 
Hall, and Brown, from the Committee on the Peniten- 
tiary, to visit the convicts at Gainesville. 

On motion, the House adjourned until 10 o'clock a. 
3i. on Monday next. 



Atlanta, Geoegia, 
Monday, November 13, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
the Chaplain. 

The Journal of Saturday was read and approved. 

Leave of absence was granted Mr. Wofford of Banks, 
for two days, on account of sickness in his family, and 
to Mr. Dell, for this day, on account of sickness. 

The Clerk proceeded to call the roll of the counties 
for the introduction of new matter, and the following 
bills were introduced and read the first time: 

By Mr. Hunter — 

A bill to add the counties of Clinch, Echols and 



106 JOUKXAL OF THE HOUSE. 

Lowndes, of the Allapaha Circuit to tin- Southern Ju- 
dicial Circuit, and to hx the time of holding the Supe- 
rior Courts in the last named circuit. 

Also, a bill to create and organize a new Judicial 
Circuit out of the counties composing' the Southern, 
Macon and Middle Circuits, to provide for the appoint- 
ment of a Judge thereof, and for other purposes. 

Also, a bill to levy and collect a tax from the owners 
of dogs in this State, and to prescribe a penalty in case 
of failure or neglect to give in and pay said tax. 

By Mr. Ba<-on— 

A bill to amend article seven, section two of the 
Constitution of the State of Georgia, upon the two- 
thirds vote of the present and next succeeding Legis- 
lature, and ratification by the qualified voters of the 
State. 

Also, a bill to repeal certain sections of an act to 
charter the Georgia Mutual Fire & Life Insurance Com- 
pany, and the several acts amendatory thereof. 

Also, a bill to incorporate the Commercial Bank of 
Albany 

Also, a bill to establish a permanent board of edu- 
cation for the county of Bibb, and to incorporate the 
same, define its duties and powers, and for other pur- 
poses. 

By Mr. Hammond — 

A bill to authorize the Tax Collector of Butts county 
to pay to the Ordinary of said county the taxes, except 
special taxes, collected for the year 1871, for the pur- 
pose of building a court-house. 

By Mr. Goodman — 

A bill to authorize the Ordinary of Campbell county 
to issue county bonds. 

By Mr. Paxton— 

A bill to require the owners of lands in the county 
of Charlton to return and pay the taxes thereon in said 
county 

By Mr. Cody— 



MONDAY, NOVEMBER 18, 1871. 107 

A bill to create a board of assessors in each county 
of this State. 

By Mr. Davis of Clarke — 

A bill to repeal an act prohibiting the leasing or 
hiring of Penitentiary convicts. 

By Mr. Mattox— 

A bill to require the owners of lands in the country 
of Clinch to return and pay the taxes thereon in said 
county 

By Mr. TV P Anderson— 

A bill to regulate the pay of grand and petit jurors 
of Cobb county 

Also, a bill to direct the Tax Collector of Cobb 
county to pay the Ordinary of said count}" the taxes 
of 1871, for certain purposes, etc. 

By Mr. TV D. Anderson— 

A bill to authorize the Ordinary of Cobb county to 
issue bonds, etc. 

Also, a bill to amend the charter of the town of 
Acworth, in the county of Cobb. 

By Mr. Spence — 

A bill to change the line between the counties of 
Coffee and "Ware, so as to include the residence of 
Merritt Meeks in Coffee county 

By Mr. Sargent— 

A bill to incorporate the town of Sharpsburg, in the 
county of Coweta. 

Also, a bill to amend section three of an act to alter 
and amend an act to extend and define the corporate 
limits of the town of Newnan, in the county of Coweta, 
and for other purposes. Approved March 6, I860. 

By Mr. Palmer— 

A bill to alter and amend section 178 of the Revised 
Code. 

Also, a bill to authorize and require the Tax Collec- 
tor of Dawson county to pay over to the County Treas- 
urer of said county, the amount of the State tax for 
the year 1S71, for rebuilding the jail of said county. 



H)8 JOURNAL OF THE HOUSE. 

Also, a bill to alter and amend the road laws of this 
State, so far as relates to the county of Dawson. 

By Mr. Rawls— 

A bill to regulate the fees of Solicitors General, in 
the Supreme Court. 

By Mr. Edwards — 

A bill to legalize the adjournment of the Superior 
Court of Elbert count}* 

Also, a bill to change the time of holding the Supe- 
rior Courts in the counties of Elbert and Hart. 

By Mr. Hughes— 

A bill to establish a lien in favor of physicians and 
school teachers, on cotton, corn, wheat and other crops 
owned or raised by those for whom they practice medi- 
cine or teach school. 

Also, a bill to repeal an act to establish a system of 
public instruction. 

B3* Mr. Johnson of Clay — 

A bill for the relief of 0. P Anthony, Tax Collector 
of Cla}' county, and his securities. 

Also, a bill to incorporate the town of "Whitney 

By Mr. Ballanger — 

A bill to amend the acts incorporating the village of 
Cave Springs, in the county of Floyd, and a memorial 
from certain citizens of Floyd county, requesting the 
passage of the same. 

By Mr. Hoge — 

A bill to empower Judges of the Superior Courts of 
this State to appoint auditors in cases pending at law 

By Mr. Jackson — 

A bill to amend the laws in reference to wills made 
in another State, Territory or foreign country 

Also, a bill to amend the laws respecting nuncupa- 
tive wills. 

Also, a bill to authorize the reception of depositions 
during the vacations of the courts, from post masters 
and others. 

Also, a bill to change the law of distribution, so far 
it affects the separate property of nuirri>d women. 



MONDAY, NOVEMBER 13, 1871. 109 

Also, a bill to prevent and make illegal the collec- 
tion of costs in any cause to which the State may be a 
party until the final termination of the same. 

Also, a bill to amend an act to carry into effect the 
second clause of the thirteenth section of the fifth arti- 
cle of the Constitution. 

By Mr. Fain— 

A bill to incorporate the town of Resaca, and for 
other purposes. 

By Mr. Simmons of Gwinnett — 

A bill to alter and amend section 1640 of Irwin's 
Revised Code. 

By Mr. McMillan— 

A bill to provide for the ditching and draining of 
lands under certain circumstances, and for other pur- 
poses. 

Also, a bill to make slander or oral defamation 
criminal, and to provide for the punishment of the- 
same. 

Also, a bill to change the county-site of Clarke county 
from Watkinsville to the town of Athens, and for 
other purposes. 

Also, a bill to alter and amend section 3178 of Irwin' s 
Revised Code, in relation to holding adjourned terms 
of the Superior Courts, and for other purposes. 

Also, a bill to repeal section 2349 of Irwin' s Revised 
Code, and to amend the remaining laws of this State, 
in relation to the duties of processioners of land, etc., 
as set forth in the several sections of said Code, from 
section 2350 to 2358, both inclusive. 

Also, a bill to compensate the Clerk and Sheriff of 
the Superior Court, and other officers for services ren- 
dered in the District Court of Richmond county 

Also, a bill to incorporate an Agricultural Land 
Grant Board, and to dispose of the Agricultural Col- 
lege lands and scrip, and appropriate the proceeds of 
the same to the North Georgia and Central Georgia 
Agricultural Colleges. 

Also, a bill to alter and amend the several sections 



110 JOURXAL OF THE HOUSE. 

of Irwin s Revised Code, from section 2716 to section 
2730, botli inclusive. 

The rules were suspended, and the following bill 
transmitted from the Senate, read the first time: 

A bill to repeal the twentieth section of an act. Ap- 
proved October 25, 1S7G. 

The rules were suspended, and the following bill 
read the third time and passed: 

A bill to authorize the revision of the jury-box in the 
county of Cherokee. 

Mr. Mattox presented a memorial from certain citi- 
zens of Clinch county, asking for relief, which was re- 
ferred to the Committee on Petitions and Memorials. 

Mr. Sargent presented a memorial from William 
Russell and Jordan Rowland, of the county of Coweta, 
in relation to poor schools, which was referred to the 
Committee on Education. 

The following resolutions were offered : 

By Mr. Hoge — 

A resolution rescinding the resolution agreed to by 
the last General Assembly, appointing Commissioners 
to revise Irwin's Code. 

By Mr. Russell— 

A resolution to the same effect as the foregoing. 

By Mr. W D. Anderson — 

A resolution that the Committee on the Penitentiary 
be directed to inquire into and report upon the contract 
made by ex-Governor Bullock, farming out the con- 
victs of the Penitentiary 

By Mr. Davis of Clarke— 

A resolution instructing the Committee on the Judi- 
ciary to inquire and report what progress has been 
made by the attorneys appointed by Governor Bullock, 
to revise the Code of Georgia. 

By Mr. dimming — 



MONDAY, NOVEMBER 13, 1871. Ill 

A resolution that the Treasurer be instructed to ad- 
vance to the Door-Keepers and assistant Door-Keepers, 
Messengers and assistant Messengers of each House of 
the General Assembly, one hundred dollars on account 
for services. 

The following resolutions were agreed to : 

By Mr. McWhorter — 

A resolution that a committee of three be appointed 
to make the necessary arrangements to have the capi- 
tal building properly heated. 

Also, a resolution that two hundred copies of the ad- 
ditional standing committees, and such additions as 
have been made to the other standing committees, be 
printed for the use of this House. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr Speaker: 

His Excellency the Governor has approved and 
signed the following resolution, to-wit : 

A resolution, that the Treasurer be instructed to ad- 
vance to each member and officer of this General As- 
sembly one hundred dollars. 

The following report was submitted by Mr. W D. 
Anderson, chairman of the Committee on Corporations: 

Mr Speaker: 

The Committee on Corporations, to whom the follow- 
ing bills were submitted, report as follows : 

A bill to be entitled an act to authorize the Town 
Council of Calhoun to aid in the construction of the 
North Georgia & North Carolina Railroad, which we 
recommend do pass. 

A bill to be entitled an act to amend and alter and 
add to the several acts incorporating the town of Cal- 
houn, which we recommend do pass. 



11-2 JOURNAL OF THE HOUSE. 

A bill to be intitled an act to incorporate the town of 
Colquitt, and providing for the election of commis- 
sioners of the same, which Ave recommend do pass with 
an amendment thereto attached. 

William D. Axdeiisox, Clialrman. 

Mr. McMillan, chairman of the Enrolling Committee 
submitted the following report : 

Mr SpcaJcer : 

The resolution consolidating the Committees of Agri- 
culture and Manufactures of each House. 

Also, the resolution requiring officers and agents of 
the Western & Atlantic Railroad to pay into the State 
Treasury sums of money in their hands, are duly en- 
rolled and ready for tin 1 signature of the Speaker of 
the House of Representatives. 

Gai:xi-:tt McMillax, 
It airman Enrolling Committee. 

Mr. dimming, chairman of the Committee on Banks, 
summitted the following reports, to- wit : 

Mr Speaker : 

The Committee on Banks have had under considera- 
tion a bill to be entitled an act to incorporate the Dol- 
lar Savings Bank of Fort Valley, and recommend that 
said bill do pass. 

Joseph B. Cummixg, 
Chairman of Committee on B emits. 

Air Speaker : 

The Committee on Banks have had under considera- 
tion a bill to be entitled an act to incorporate the La 
Grange Banking & Trust Compan} T , and recommend 
that said bill be amended by striking out of the third 
section thereof, the following language, to- wit: ''and 
all mortgages so taken shall be so considered as upon 
personal property, and may be foreclosed under the 
laws made and provided for the foreclosure of mort- 



MONDAY, NOVEMBER 13, 1871. 113 

gages on personal property in this State;" such lan- 
guage being, in the opinion of the committee, obnoxious 
to section twenty-six, of article one of the Constitu- 
tion of this State, prohibiting special legislation, and 
that said bill, when so amended, do pass, 

Joseph B. Cumming, 
Chairman of Committee on Banks. 

Mr. Phillips, chairman of the Committee on Privi- 
leges and Elections, submitted the following report : 

Mr Speaker: 

The Committee on Privileges and Elections beg leave 
to report that we have had under consideration a reso- 
lution directing us to inquire into the contested elec- 
tion case from Spalding county, and after carefully 
examining the law and the evidence, we recommend 
that Daniel A. Johnson, the present incumbent from 
said county be removed, and his seat declared vacant, 
and that David H. Johnson, the contestant, be recog- 
nized and qualified as the legal Representative of the 
county of Spaulding, to fill said vacancy. 

We further recommend that the bill to authorize the 
revision of the jury box in the county of Cherokee, do 
pass. 

All of which is respectfully submitted. 

R. W Phillips, Cliairman. 

On motion of Mr. Phillips, the rules were suspended, 
and so much of the foregoing report as relates to the 
Spalding county contested election was taken up. 

Mr. Simmons of Gwinnett moved to have two hun- 
dred copies of the evidence in said contested election 
printed, and so much of the report as relates thereto 
made the special order for to-morrow. 

Mr. McMillan moved as a substitute, to refer the 
matter to the Committee on the Judiciary, with instruc- 
tions to report. 

Mr. Hall of Upson moved as a substitute that two 
8 



114 JOURNAL OF THE HOUSE. 

hundred copies of the evidence be printed, and that 
the report be made the special order for Friday next, 
17th instant. 

The substitute of Mr. Hall was agreed to. 

Mr. McMillan then offered a resolution instructing 
the Committee on the Judiciary to report on Friday 
next, whether it be competent, under the laws relating 
to contested elections, for the Committee on Privileges 
and Elections, in making up their report, to take or 
consider any testimony other than that which was reg- 
ularly taken before the Judicial officer, as prescribed 
by the Revised Code, which was agreed to. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr. Speaker: 
The Senate has passed the following bills, to-wit: 

A bill to require Ordinaries to specify out of what 
funds orders on the County Treasurers should be paid. 

Also, a bill to allow plaintiffs in execution a right to 
damages in certain cases. 

Also, a bill to repeal the twentieth section of an act, 
approved October 25, 1870. 

Also, a bill to amend section 4428 of the Code of 
Georgia. 

Also, a bill to amend the law of arson in this State. 

Also, a bill to amend the attachment laws of this 
State. 

The Senate has also concurred in a resolution of the 
House of Representatives to consolidate the Commit- 
tees of Agriculture and Manufactures of each House. 

Also, a resolution of the House of Representatives 
requiring officers and agents of the Western & Atlantic 
Railroad to pay into the treasury sums of money in 
their hands. 

Leave of absence was granted to Mr. Johnson of 
Spalding, on account of indisposition, until Thursday 



TUESDAY, NOVEMBER 14, 1871. 115 

next ; and to Mr. Ross of Bibb, on account of disease of 
the eyes, for the remainder of the session. 
The House adjourned until 9 o' clock a. m. , to-morrow. 



Atlanta, Geokgia, 
Tuesday, November 14, 1871. 

The House met pursuant to adjournment, and was 
called to order by the Speaker, and opened with prayer 
by the Rev Mr. Jones. 

The Journal of yesterday was read and approved. 

The Speaker announced the following gentlemen as 
the committee to arrange and provide for the warming 
of this hall and the clerk' s offices therewith connected : 
McWhorter of Greene, Hudson of Schley, and Hall of 
Meriwether. 

Mr. Pierce offered the following resolution, which 
was agreed to : 

Resolved, That this House will proceed to the elec- 
tion of a United States Senator, at 12 ar. to-day. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr Speaker: 

I am directed by his Excellency the Governor, to de- 
liver to the House of Representatives a communicati&n 
in writing, with accompanying document. 

The message was not taken up. 

The Clerk proceeded with the call of the counties, 
and the following bills were introduced and read the 
first time : 

By Mr. Pierce — 

A bill to alter and amend the several acts incorpor- 
ating the city of Milledgeville. 



116 JOURNAL OF THE HOUSE. 

By Mr. Jones of Hart — 

A bill to restrict the operation of the several sections 
of Irwin's Code from section 2333 to 2346, both inclu- 
sive, in the counties of Hart and Habersham. 

By Mr. Bryan — 

A bill to alter and amend section 4476 of the Code, 
in relation to vagrants. 

By Mr. Barron — 

A bill to enforce contracts of immigrants and labor- 
ers, and for this purpose, to make their wages liable 
to garnishment in certain cases. 

By Mr. Farmer — 

A bill to create a Board of Commissioners in the 
county of Liberty, and define their duties. 

By Mr. Lang — 

A bill to alter and amend an act to fix the compen- 
sation for taking down in writing the evidence on char- 
ges of felony. Approved October 10, 1868. 

By Mr. Riley— 

A bill to organize a new judicial circuit. 

Also, a bill to amend an act to establish a system of 
public instruction, so far -as relates to the county of 
Lumpkin. 

Also, a bill to amend the road laws of this State so 
far as relates to the county of Lumpkin. 

By Mr. Meadows — 

A bill to authorize the Tax Collector of Madison 
county to receive certain jury certificates in payment 
of all taxes due said county. 
' By Mr. Hall of Meriwether— 

A bill to constitute a Board of Commissioners for the 
county of Meriwether. 

By Mr. Moreland— 

A bill to authorize and require the Tax Collector of 
Meriwether county to keep his office at the court-house 
of said county 

Also, a bill to amend the seventh paragraph of sec- 
tion 1711 of Irwin' s. Revised Code. 
By Mr. Floyd— ' 



TUESDAY, NOVEMBER 14, 1871. 117 

A bill to incorporate the town of Rutledge, in the 
•county of Morgan. 

By Mr. Clements — 

A bill to prevent the sale of spirituons liquors within 
a mile of Clement's Institute, in the county of Mont- 
gomery. 

By Mr. Bush — 

A bill to amend an act to amend and secure the pro- 
ceeds, profits or rents arising from homesteads in this 
State, and for other purposes. 

Also, a bill to amend the laws in relation to dower. 

Also, a bill to prohibit parties from driving or carry- 
ing away stock from their own ranges, and for other 
purposes. 

Also, a bill to amend an act incorporating the town 
of Morgan, in the county of Calhoun. 

Also, a bill to regulate lost time of laborers. 

Also, a bill to authorize Sheriffs and other levying 
officers to collect advertising fee, and costs of keeping 
property, before accepting affidavits of illegality or 
claims. 

By Mr. Pou— 

A bill to alter and amend an act to amend and alter 
the charter of the city of Columbus, approved March 
S, 1866. 

Also, a bill to authorize parties in certain cases to 
file bills of exceptions. 

Also, a bill to provide for the payment of a portion 
of the fund raised for school purposes, to the city of 
Columbus. 

Also, a bill to incorporate the Merchants' & Mechan- 
ics' Savings Bank of Columbus, Georgia. 

By Mr. Davis of Newton — 

A bill to amend section 4420 of the Code of Georgia. 

Also, a bill to organize a State Board of Agriculture. 

By Mr. Smith of Oglethorpe — 

A bill to render certain slanders penal and to pro- 
vide for the punishment of the same. 

By Mr. Trammell — 



US JOURNAL OF THE HOUSE. 

A bill to regulate the pay of grand and traverse ju- 
rors of Paulding county 

Also, a bill to create a Board of Commissioners of 
Roads and Revenue for the county of Paulding. 

By Mr. Bunn— 

A bill to change the line between the counties of Bar- 
tow and Polk. 

By Mr. Etheridge— 

A bill to exempt practicing physicians from jury 
duty 

By Mr. Guerry — 

A bill to make it criminal for any person to hunt 
upon the lands of another, without the consent of the 
owner. 

By Mr. Netherland— 

A bill to authorize persons who have purchased real 
estate in the county of Rabun, since the first day of 
June, 1865, to have their deeds recorded within twelve 
months from the passage of this act, and for other pur- 
poses. 

By Mr. McJNeal— 

A bill to exempt practicing physicians from jury 
duty 

By Mr. Crittenden— 

A bill to ascertain the amount of insolvent criminal 
cost yet due and unpaid to the officers of the County 
Court, and to pay the same. 

By Mr. Snead— 

A bill to repeal an act to create a Board of Commis- 
sioners of Roads and Revenue, in the county of Rich- 
mond. 

By Mr. Clark of Richmond — 

A bill to prevent the sale of farm products between 
the hours of sunset and sunrise, in the counties of 
Richmond and Burke. 

By Mr. Hudson — 

A bill to authorize Jonathan Ross, of the county of 
Schley, to make a valid and binding settlement with 
his ward, Sterling G. Carter, a minor. 



4» 



TUESDAY, NOVEMBER 14, 1871. 119 

Also, a bill to alter and amend section 1977 of 
Irwin's Revised Code. 

By Mr. Dell— 

A bill to amend the laws in relation to the punish- 
ment of capital offenses. 

Also, a bill to require defendants in certain cases to 
pay the costs before filing affidavits of illegality 

Also, a bill to abolish the District Courts of this 
State. 

Also, a bill to organize a criminal court for each 
county of this State, define its jurisdiction, and for 
other purposes. 

By Mr. Brady — 

A bill to incorporate the town of Leeton, in the county 
of Sumter. 

By Mr. Mansfield— 

A bill to amend the several acts consolidated and 
approved February 9, 1869, incorporating the town of 
Lumpkin, in Stewart county 

By Mr. Clover— 

A bill to compensate grand and petit jurors of the 
county of Sumter. 

By Mr. Bateman — 

A bill to alter and amend an act assented to October 
6, 1868. 

By Mr. Craig — 

A bill to repeal an act to change the county site of 
Telfair county to a point on the Macon & Brunswick 
Railroad. 

By Mr. Atkinson — 

A bill to declare of whom juries shall be composed, in 
certain cases. 

Also, a bill to authorize the citizens of Thomasville 
to elect certain officers. 

By Mr. Lipsey — 

A bill for the relief of George C. Edwards, former 
Tax Collector of Lee county 

By Mr. Jones of Terrell— 

A bill to alter and fix the pay of grand and traverse 



120 JOURNAL OF THE HOUSE. 

jurors and bailiffs of the Superior Courts of the county 
of Terrell. 

By Mr. Clark of Troup— 

A bill to authorize the Mayor and Council of La 
Grange to issue bonds to aid in building railroads, and 
for other purposes. 

Also, a bill to amend an act to confer additional 
powers upon the Mayor and Council of the city of La 
Grange, to regulate taxation in said city, and for other 
purposes. 

By Mr. Griffin of Twiggs— 

A bill to authorize the revision of the jury-box in 
the county of Twiggs. 

By Mr. Hall of Upson— 

A bill for the relief of William Gibson and Lewis 
DeLoach, of the county of Upson. 

Also, a bill to protect the credit of this State in lend- 
ing aid to railroads. 

Also, a bill to change the times of holding the Su- 
perior Courts of the Flint Circuit. 

By Mr. Wood— 

A bill to prescribe the manner in which lunatics, 
idiots, insane and imbecile persons may be committed 
to the Lunatic Asylum, and for other purposes. 

By Mr. Jenkins — 

A bill to change the time of holding the Superior 
Courts in the county of Worth. 

By Mr. Hunter — 

A bill to more effectually protect religious worship 
in the State of Georgia. 

A memorial from John R. Simmons in relation to 
the seat of the Hon. Sterling Glover, without being 
read, was referred to the Committee on Privileges and 
Elections. 

The following resolutions were offered : 

By Mr. Snead — 

A resolution in reference to Rufus B. Bullock, late 

Governor. 



TUESDAY, NOVEMBER 14, 1871. 121 

Mr. McMillan moved to suspend the rules and take 
up this resolution, which motion did not prevail. 

By Mr. McMillan— 

A resolution for the appointment of a joint commit- 
tee to investigate the official character of Rufus B. 
Bullock, late Governor, and report thereon as early as 
possible, and that the chairman of said joint commit- 
tee, upon being satisfied that there is reasonable ground 
to suspect the said Rufus B. Bullock of any offense 
against the laws, shall sue out a warrant for his arrest, 
and in case of his absence from the State, shall procure 
;.a demand, to be made for his delivery, upon the Gov- 
ernor of the State to which he has fled. 

Mr. McMillan moved to suspend the rules and take 
up this resolution. 

Mr. Kelly called the previous question, which was 
•sustained. 

The rules were not suspended. 

By Mr. Griffin of Houston — 

A resolution relating to the removal of the seat of 
government to Milledgeville. 

By Mr. Ormond — ■ 

A resolution providing for the payment of A. H. 
'Gaston for two days' services as Messenger. 

By Mr. Hillyer — 

A resolution for the printing of copies of the" report 
of the State School Commissioner. 

By Mr. Hancock — 

A resolution that the State of Georgia be entitled to 
equal benefits under the provisions of the homestead 
law with any citizen thereof. 

By Mr. Hall of Upson— 

A resolution requesting the Hon. Benjamin Conley, 
acting Governor, to furnish a full statement of the 
number of miles of railway which have been constructed 
since July 1868, to which State aid has been given, 
and the number and amount of bonds which have been 
indorsed for said roads. 

Also, a resolution directing the Superintendent of 



122 JOURNAL OF THE HOUSE. 

Public Works to examine and report tipon the condi- 
tion of all railroads in this State, to which State aid 
has been given, and to provide for his compensation 
for such service. 

The rules were suspended and the following resolu- 
tions were agreed to : 

By Mr. Bryan — 

A resolution instructing the Treasurer to lay before 
this House a statement of the character»of the bonds 
now in his office, to the credit of the Educational Fund, 
their character and availability to meet by sale or 
otherwise, the pressing necessities of the educational 
interests of this State. 

Also, a joint resolution for the appointment of a 
committee of two from the Senate and three from the 
House, to examine and report upon a "Codification of 
the laws of this State applicable to Justices of the 
Peace and Justices Courts/' prepared by S. C. Mc- 
Daniel. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has passed the following bill of the House 
of Representatives, with certain amendments, in which 
they ask the concurrence of the House of Represen- 
tatives : 

A bill to provide for a special election for Governor, 
to fill the unexpired term of Rufus B. Bullock, and 
for other purposes. 

Mr. Hoge, chairman of the Committee on the Judi- 
ciary made the following report : 

Mr. Speaker : 

The Committee on the Judiciary has had under con- 
sideration a number of the bills referred thereto, and 
instructs me to report as follows : 



TUESDAY, NOVEMBER 14, 1871. 123 

The committee recomended that the bill to be entitled 
an act to amend an act to authorize the Mayor and 
Council of the city of Atlanta to provide for the intro- 
duction of water- works into said city, do pass. 

That a bill to authorize the payment of ten per cent, 
interest on one hundred bonds of one thousand- dollars 
each by the Scofield Rolling Mill Company, do pass. 

A bill to be entitled an act to repeal an act entitled 
an act to organize the District Court and define its juris- 
tion, and for other purposes, approved October 25, 
1870, the committee recommend do not pass. 

A bill to be entitled an act to prescribe the punish- 
ment for playing and betting at cards, the committee 
recommend do not pass. 

A bill to be entitled an act to alter and amend sec- 
tion 2267 of Irwin's Revised Code, the committee 
recommend do not pass. 

A bill to be entitled an act to repeal an act to organize 
the District Court, and define its jurisdiction, and for 
other purposes, approved October 28, 1870, so far as 
the same relates to the twenty -ninth Senatorial District, 
the committee recommend do not pass. 

A bill to be entitled an act to confer certain privi- 
leges on John T. Whitsett, of Lee county, and to make 
lawful his acts, and to give him authority to transact 
business as though he were of lawful age, the commit- 
tee recommend do not pass. 

A bill to be entitled an act to repeal an act entitled 
an act to organize the District Court, and define its- 
jurisdiction, and for other purposes, approved October 
28, 1870, the committee recommend do not pass. 

A bill to be entitled an act to repeal an act to organ- 
ize the District Court, and to define its jurisdiction, and 
for other purposes, the committee recommend do not 
pass. 

A bill to be entitled an act to repeal an act entitled 
an act to organize a Criminal Court for each county in 
this State, assented to October 7, 1868, and the several 
acts amendatory thereof, the committee recommend- 
do not pass. 



124 JOURNAL OF THE HOUSE. 

A bill to be entitled an act to amend section 2387 of 
the Revised Code of Georgia, in reference to the with- 
drawal of claims, the committee recommend do not 
pass. 

A bill to be entitled an act to repeal an act entitled 
an act to change the county of Glascock from the 
Northern to the Middle Judicial Circuit, the committee 
recommend do pass. 

Respectfully submitted. 

E. F Hoge, Chairman. 

Mr. Jackson, chairman of the Committee on Educa- 
tion, submitted the following report, to-wit : 

Mr. Speaker: 

The Committee on Education recommend that the 
petitions of William Russell and Jordon Rowland in 
reference to compensation for services performed in 
teaching poor children, be laid upon the table. 

The committee further recommend the adoption of 
the following joint resolution : 

Whereas, The amount standing to the credit of the 
Educational Fund according to the reports of the State 
Board of Education and of the State School Commis- 
sioner is six hundred and sixty-three thousand two 
hundred and eighty-two dollars and ninety-eight cents ; 
and whereas, the entire sum under the direction of the 
last General Assembly, has been drawn out the treas- 
ury of the State and appropriated to other purposes ; 
and whereas, under act approved July 28, 1870, the 
Governor is required to deposit with the Treasurer, 
bonds of this State bearing seven per cent., sufficient 
in number to secure the Educational Fund : 

Therefore, be it resolved, That the Executive Depart- 
ment deposit with the Treasurer of this State forthwith 
seven per cent, bonds of this State, sufficient to secure 
the said Educational Fund, and report forthwith his 
action to this General Assembly 



TUESDAY, NOVEMBER 14, 1871. 125 

Besotted further, That none of the bonds so to be 
deposited as aforesaid, be disposed of until the man- 
ner and mode of disposition be declared by the final 
action of this General Assembly, upon the subject of 
public schools. 

Henry Jackson, Chairman. 

The memorial mentioned in the foregoing report was, 
on motion, laid on the table. 

The committee appointed foj.- the purpose of making 
arrangements to have the capitol building properly 
heated, made the following report : 

Mr. Speaker: 

The committee appointed for the purpose of inquir- 
ing into and having the capitol building properly 
heated, have discharged that duty, and beg leave to 
state that they had an interview with Mr. C. F Watson, 
keeper of the capitol property, and that he is now 
making the necessary arrangements by having the 
piping and other fixtures connected with the heating- 
apparatus cleaned out and put in good condition, so 
as to secure such additional amount of steam as to 
make the House, Senate, and other rooms now in use 
by the General Assembly, comfortable. 

R. L. McWhoeter of Greene, 

C. B. Hudson of Schley, 

W H. P Hall of Meriwether. 

The following message was received from the Senate 
through Mr. Hill, the Secretary thereof: 

Mr, Speaker : 

The Senate has passed the following bills, to- wit : 

A bill to provide the mode of filling vacancies in the 
in the office of Ordinary in this State. 

Also, a bill to amend section 4779 of Irwin' s Revised 
Code. 

Also, a bill to prescribe for suits against joint obli- 
gors in the City Court of Savannah. 

Also, a bill to create a Board of Commissioners of 
Roads and Revenue in the county of Dawson. 



126 JOURNAL OF THE HOUSE. 

Also, a bill to provide for the election, and to alter 
the laws for holding elections. 

Also, a bill to amend section 2741 of the Code. 

Also, a bill to incorporate the town of Eastman, and 
to repeal all previous acts incorporating the same. 

The Senate has also agreed to the following resolu- 
tion, in which they ask the concurrence of the House 
of Representatives, to-wit : 

A resolution rescinding a resolution, approved May 
5, 1870, which I am directed to transmit forthwith to 
the House of Representatives. 

The hour of 12 o'clock i\r. having arrived, the House, 
in accordance with the act of Congress, and the reso- 
lution agreed to this morning, proceeded to the elec- 
tion of a United States Senator, for the term of six 
years, beginning March 4, 1871, and expiring March 
4, 1877. 

Mr. Simmons of Gwinnett, nominated the Hon. Thos. 
M. Norwood as a candidate. 

Pending the calling of the roll, Mr. Scott rose to a 
point of oeder, to-wit : that every member, in his seat, 
was, under the rules of this House, compelled to vote 
when his name was called, unless excused by the 
House. 

The Speaker ruled the point well taken. 

Mr. Griffin of Houston presented a protest, signed 
by himself and other members, against the holding of 
this election, which he asked as a matter of right to 
have spread upon the Journal. 

Mr. Scott made the point of order, that said protest 
could not be so entered upon the Journal, as a matter 
of right. 

The Speaker ruled the point well taken, but that by 
permission of the House said protest might be so en- 
tered. 

The Clerk recommenced and proceeded with the call- 
ing of the roll, the members voting viva voce, when 



TUESDAY, NOVEMBER 14, 1871. 



127 



upon receiving and adding up the votes, it appeared 
that the Hon. Thomas M. Norwood had received 127, 
blank 22, scattering 4. 



Those voting 

Anderson, Wm. D. 

Anderson, Wm. P. 

Bacon, 

Baker of Bryan, 

Baker of Pike, 

Ballanger, 

Barksdale, 

Barron, 

Bateman, 

Beasley, 

Bell, 

Berrien, 

Bowie, 

Braddy, 
Brady, 

Brawner, 

Brewton of Tatnall, 

Bryan, 

Bunn, 

Bush, 

Butts, 

Cato, 

Chancey, 

Chastain, 

Clark of Richmond, 

Clark of Troup, 

Cleghorn, 

Clements, 

Cloud, 

Cody, 

Collins, 

Converse, 

Craig, 

Crittenden, 

Cumming, 

Davis of Newton, 

Dell, 

Edwards, 

Emerson, 

Etheridge, 

Pain, 

Farmer, 

Plynt, 

Norwood, 127. 



for Hon. T. M. Norwood are Messrs. — 



Franklin, 

Glover, 

Goldsmith, 

Goodman, 

Graham, 

Gray, 

Griffin of Twiggs, 

Guerry, 

Guyton, 

Hall of Upson, 

Hammond, 

Hancock, 

Harvey, 

Head, 

Heidt, 

Hendley, 

Hoge, 

Howell, 

Hooks, 

Hudson, 

Hughes, 

Hunter, 

Jackson, 

Jenkins, 

Johnson of Clay, 

Jones of Gwinnett, 

Jones of Hart, 

Jones of Terrell, 

Kelly, 

Kennedy, 

Killian, 

Knowles, 

Lamkin, 

Lang, 

Lipsey, 

Mann, 

Martin, 

Mattox, 

McConnell, 

McMillan, 

McNeal, 

Meadows, 



Moreland, 

Morris, 

Morrison, 

Murphy of Burke, 

Netherland, 

Nutting, 

Patillo, 

Paulk, 

Paxton, 

Payne, 

Peeples, 

Pentecost, 

Phillips, 

Pierce, 

Pou, 

Rawls, 

Reid, 

Renfroe, 

Richards, 

Roundtree, 

Russell, 

Rutherford, 

Scott, 

Sellers, 

Simmons of Gwinnett, 

Simmons of Hall, 

Slaton, 

Smith of Oglethorpe, 

Snead, 

Spence, 

Summers, 

Tarver, 

Taylor, 

Trammell, 

Watters, 

West, 

Wilson, 

Wofford of Bartow, 

Wood, 

Woodward, 

Wynn, 

Mr. Speaker. 



128 JOURNAL OF THE HOUSE. 



Those voting "Blank" are Messrs. — 

Allred, Colby, Jones of Macon, 

Atkinson, Davis of Clarke, Lewis, 

Battle, Dukes, Oliver, 

Blue, Floyd, Ornioad, 

Bruton of Decatur, Griffin of Houston, Putney, 

Brown, Hillyer, Richardson, 

Campbell, Joiner, Simmons of Houston, 
Clower, 

Blank, 22. 

Mr. McWhorter voted for the Hon. C. B. Wootten, 
Mr. Hall of Meriwether voted for the Hon. H. K.. 
McCay 
Mr. Sargent voted for the Hon. William Dougherty, 
Mr. O'Neal voted for the Hon. E. Tweedy- 
Scattering, 4. 

Mr. Patillo stated that his colleague, Mr. Murphy 
of Harris, was kept from his seat by sickness, and 
wished this to appear in the Journal as his reason for 
not voting for Mr. Norwood. 

Mr. Smith of Oglethorpe made a similar statement in 
reference to Mr. Davenport. 

The Hon. Thomas M. Norwood, having received a 
majority of all the votes cast, was declared by the 
Speaker to be the choice of this House for the office of 
United States Senator, for the term of six years, begin- 
ing March 4, 1871, and expiring March 4, 1877. 

Mr. Jackson moved to allow all the members who 
voted "blank," to enter their protest against this elec- 
tion upon the Journal if they desired to do so. 

Mr. McMillan called the previous question. The 
call was sustained, and Mr. Jackson's motion was 
lost. 

Mr. Pou moved to allow all who desired to do so, 
the privilege of entering their protest upon the Journal, 
which motion prevailed. 

The protest was then presented by Mr. Griffin of 
Houston, in behalf of himself and the other members 
avIio signed it, and is in the following words, to-wit : 



TUESDAY, NOVEMBER 14, 1871. 129- 

Georgia Legislature, 

House of Representatives, 

Atlanta, Ga., Nov 14, 1871. 

The undersigned, duly elected and qualified mem 
bers of the House of Representatives of the State of 
Georgia, do now most solemnly protest against any 
action of this body attempting to fill the office of Sena- 
tor of this State, in the Senate of the United States,' 
lately occupied by Hon. H. V M. Miller, and whose 
term of office has expired, for the following reasons, 
to- wit : 

That the General Assembly of this State, at its last 
session, to-wit : on the fifteenth day of February 1870, 
as appears by the Journals of the two Houses, .filled 
said office by the election of the Hon. Poster Blodgett 
thereto, and any election now held, is, in the judgment 
of the undersigned, unconstitutional and void. 

We respectfully ask that this protest be entered 
upon the Journal of the House of Representatives. 

his 

H. L. Hillyee, Wesly m Olivee, 

mark. 

F F. Putney, L. C. Jones, 

W H. F Hall, G. H. Clowee, 

Petee O'Neal, Joel R. Griffin, 

Monday Floyd, J. A. Lewis, 

his 

T. G. Campbell, Jr., A. x Colby, 

mark. 

Adam N. Beuton, A. F Atkinson, 

Ms ' * 

A. k Dukes, Philip Joiner, 

mark. 

Madison Davis, George Ormond, 

James Blue, A. Richardson. 

Ms 

Jasper m Battle, Samuel Smith, 

mark. 

Leave of absence was granted as follows : 

To Mr. Jones of Gwinnett, for one day, on important 
business ; to Mr. Barron, for a few days, on special busi- 
9 



130 JOURNAL OF THE HOUSE. 

ness ; to Mr. Carlton, on account of sickness ; to Mr. 
Barksdale, on special business, and to Mr. Davenport, 
on account of sickness. 

The House adjourned until 9 o'clock a. m. to-morrow. 



Atlanta, Geoegia, 
Wednesday, November 15, 1871. 

The House met pursuant to adjournment and was 
called to order by the Speaker, and opened with prayer 
by Rev Mr. Jones. 

The. Journal of yesterday was read and approved. 

Mr. Murphy of Harris was allowed to record his vote 
for the Hon. Thomas M. Norwood, for United States 
Senator, having been absent yesterday, on account of 
sickness. 

On motion of Mr. Pierce, the rules were suspended, 
and the bill to provide for a special election for Gov- 
ernor, to fill the unexpired term of Rufus B. Bullock, 
and for other purposes, which had been passed by the 
Senate, with certain amendments, was taken up, and 
the amendments concurred in. 

Mr. Craig offered a resolution that the Clerk of this 
House inform the Senate that the House will be ready 
to receive them into this Hall at 12 o' clock m. to-day, 
for the purpose of consolidating the vote of the General 
Assembly for United States Senator, which was agreed 
to. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker : 
The Senate has passed the following bills, to-wit : 

A bill to provide for the payment of the debt of 
Clarke county 



WEDNESDAY, NOVEMBER 15, 1871. 131 

Also, a bill to regulate the practice of dentistry in 
this State. 

Also, a bill to change the county site of Clarke 
county, and for other purposes. 

Also, a bill to repeal an act to make permanent the 
site of the public buildings for Heard county, and to 
incorporate the town of Franklin. 

The Clerk proceeded to call the roll of the comities, 
for the introduction of new matter, and the following 
bills were introduced and read the first time : 

By Mr. Emerson — 

A bill to incorporate the Georgia Industrial Agency, 
and to aid railroad companies, farmers, manufacturers 
and others to obtain loans on more favorable terms 
than are usually given by banks. 

Also, a bill to authorize the authorities of the city of 
Dalton to purchase and donate lands to the Selma, 
Rome & Dalton Railroad Company 

Also, a bill to authorize the authorities of the city of 
Dalton to issue bonds for educational purposes. 

Also, a bill to establish a system for working the 
public roads. 

Also, a bill to incorporate the town of Tilton, in the 
county of Whitfield. 

By Mr. Morris — 

A bill to prevent the killing or hounding of deer in 
the counties of Talbot;, Marion and Taylor, in the 
months of May, June, July and August. 

By Mr. Morrison — 

A bill to require the Tax Collector of Ware county 
to receive county scrip for taxes due said county 

By Mr. Cumming — 

A bill to extend the jurisdiction of the City Court of 
Augusta over the county of Richmond. 

By Mr. Clark of Richmond— 

A bill to establish an annuity for certain persons 
therein designated. 

By Mr. McNeal— 



Vii-2 JOURNAL OF THE HOUSE. 

A bill to authorize the Ordinary of Randolph county 
to issue bonds for the building of a court-house, and 
for other purposes. 

By Mr. Field— 

A bill to authorize Callaway Campbell, of Murray 
county, to erect a mill-dam across Connasauga river, 
on his own land. 

By Mr. Howell— 

A bill to authorize the sale of personal property at 
an}- place within the limits of Milton county. 

Also, a bill to allow persons to make returns of then- 
taxable property to the Clerk of the Superior Court, in 
certain cases. 

Also, a bill to prevent fraud in laying off the home- 
stead and exemption of personalty under the Constitu- 
tion, and to make the same a misdemeanor. 

On motion, the rules were suspended and the report 
of the Superintendent pf Public Works, enclosed with 
the message of his Excellency the Governor, which was- 
sent to this House on the 11th instant, was, without 
being read, referred to the Committee on Internal Im- 
provements. 

The message from the Executive Department which 
was stmt to this House on yesterday, was taken up and 
read, and is in tlie following words : 

Executive Department, 
Atlanta, G-a., November 14, 1871. 

To tlte ^tnate and House of Representatives : 

I have the honor to transmit herewith the printed 
report of the Principal Keeper of the Georgia Peniten- 
tiary for the year ending December 31, 1870. 

By reference to this report it will be seen that the 
outstanding indebtedness of the institution amounts to 
87,771 99, and that there is a balance in favor of the 
Penitentiary amounting to 89,046 98. The claims 
against the institution are of long standing, and justice 
to the holders demands that -provision should be made 



WEDNESDAY, NOVEMBER 15, 1871. 133 

for their payment. I would respectfully recommend 
that such provision be made, and also that measures 
be adopted for the prompt collection and adjustment 
of the balances due the Penitentiary 

I also invite your attention to the fact that the con- 
tract under which the convicts were hired to Messrs. 
Grant, Alexander & Co., expired on the 28th day of 
June last. They are now under the control of these 
contractors, in pursuance of an arrangement made be- 
tween my predecessor and Messrs. Grant, Alexander 
& Co., by which the old contract was to continue in 
force until revoked by Executive order, in which case 
the contractors were to receive not less than three 
months' notice of such revocation. This arrangement 
was made for the reason that there* was no provision of 
law for the support of the convicts, had they been re- 
turned to the Penitentiary, and it was deemed best for 
the interest of the State that the old contract should be 
continued in force, in the terms stated. It will thus be 
seen that early legislation upon this important subject 
is rendered imperative, and whatever measures may 
be adopted by your honorable body in reference to this 
matter, it would seem but justice to the present con- 
tractors, that the terms of the arrangement above stated 
should be substantially complied with, and that they 
shold receive reasonable notice of the disposition that 
is to be made of the convicts now under their control 

A reference to the report of the inspector, appointed 
by my predecessor, in behalf of the State, to investigate 
the matter of the condition of the convicts under the 
management of the present lessees, of hie in this de- 
partment, as well as to the report of the Principal 
Keeper, herewith submitted, will show that the treat- 
ment of the convicts has been humane, and in every 
way such as, under the circumstances, could be reason- 
ably expected or desired, and will also tend greatly 
to allay the apprehension that has hitherto been felt by 
a considerable portion of the people of the State upon 
this subject. 

. Bex.tamix Coxli:v, Gorrmof 



134 



JOURNAL OF THE HOUSE. 



On motion of Mr. Gray, the rules were suspended, 
and the report of the Committee on Finance, relating 
to the Senate resolution for extending the time for the 
collection of taxes for the year 1871, taken up. 

The report recommended that the Senate resolution 
be not concurred in. 

Mr. Gray presented a minority report from said 
committee, signed by himself and Mr. Crittenden, re- 
commending that said resolution be concurred in. 

Mr. Pou moved to amend the resolution by strikino- 
out sixty and inserting thirty days. 

The Speaker ruled this motion out of order, stating 
that the question was upon agreeing to the report of 
the committee. . 

Mr. Price called the previous question, and the call 
was sustained. 

Mr. Pajme called for the yeas and nays. 



Those voting in the affirmative are Messrs. 



Brady, 




Hall of Meriwether, 


Rawls, 


Butts, 




McWhorter, 


Richardson, 


Craig, 




Phillips, 


Sargent. 


Those voting 


in the negative are 


Messrs. — 


Allred, 




Brewton of Tatnall, 


Converse, 


Anderson, 


Wm. D. 


Bruton of Decatur, 


Cox, 


Anderson, 


Win. P. 


Brown, 


Crittenden, 


Atkinson, 




Bryan, 


Cumming, 


Bacon, 




Bunn, 


Davis of Clarke, 


Baker of Bryan, 


Bush, 


Davis of Newton r 


Baker of Pike, 


Campbell, 


Dukes, 


Ballanger, 




Cato, 


Edwards, 


Barksdale, 




Chancey, 


Emerson, 


Barron, 




Chastain, 


Etheridge, 


Bateman, 




Clark of Richmond, 


Fain, 


Battle, 




Clark of Troup, 


Farmer, 


Beaselej-, 




Cleghorn, 


Field, 


Bell, 




Clements, 


Floyd, 


Berrien, 




Cloud, 


Flynt, 


Blue, 




Clower, 


Franklin, 


Bowie, 




Cody, 


Glover, 


Braddy, 




Colby, 


Goldsmith, 


Brawner, 




Collins, 


Graham, 



WEDNESDAY, NOVEMBER 15, 1871. 135 



Gray, 


Lewis, 


Eeid, 


Griffin of Houston, 


Lipsey, 


Richards, 


Griffin of Twiggs, 


Mann, 


Riley, 


Guerry, 


Mansfield, 


Roundtree, 


Guy ton, 


Martin, 


Russell, 


Hall of Upson, 


Mattox, 


Rutherford, 


Hammond, 


McConnell, 


Scott, 


Hancock, 


McMillan, 


Sellers, 


Head, 


McNeal, 


Simmons of Gwinnett. 


Heidt, 


Meadows, 


Simmons of Hall, 


Hendley, 


Moreland, 


Simmons of Houston, 


Hillyer, 


Morris, 


Smith of Coweta, 


Howell, 


Morrison, 


Smith of Ogletorpe, 


Hooks, 


Murphy of Burke, 


Snead, 


Hudson, 


Murphy of Harris, 


Spence, 


Hughes, 


Netherland, 


Summers, 


Hunter, 


Nutting, 


Tarver, 


Jackson, 


Oliver, 


Taylor, 


Jenkins, 


O'Neal, 


Trammell, 


Joiner, 


Ormond, 


"Watters, 


Jones of Macon, 


Palmer, 


West, 


Jones of Terrell, 


Paulk, 


What ley, 


Kelly, 


Paxton, 


Wilson, 


Kennedy, 


Payne, 


Wofford of Banks, 


Killian, 


Pentecost, 


Wofford of Bartow, 


Knowles, 


Pierce, 


Wood, 


Lamkin, 


Pou, 


Woodward, 


Lang, 


Putney, 


Wynn. 



Yeas, 9. Nays, 141. 
So the majority report was not adopted. 

The hour of 12 o'clock, m. having arrived, the Senate 
attended in the hall of House of Representatives, and 
the General Assembly, after being called to order by 
the Hon. L. N. Trammell, President of the Senate, pro- 
ceeded to consolidate the vote of the two Houses, cast 
on yesterday, for a United States Senator, for the term 
commencing March 4, 1871, and ending March 4, 1877. 

Upon reading the Journals of the Senate and House 
of Representatives, now convened in joint assembly, it 
appeared that the Hon. Thomas M. Norwood had re- 
ceived 154 votes ; the Hon. C. B. Wooten, 3 ; the Hon. 
H. K. Cay, 1 ; the Hon. Williamm Dougherty, 1 ; the 
Hon. E. Tweedy, 1, and blank 22. 



136 JOURNAL OF THE HOUSE. 

So the Hon. Thomas M. Norwood, having received a 
majority of all the votes in each House, was declared 
elected to represent the State of Georgia in the Congress 
of the United States, for the term of six years, com- 
mencing March 4, 1871, and expiring March 4, 1877. 

The Senate then repaired to their chamber. 

The House took up the minority report of the Com- 
mittee on Finance. 

Mr. Simmons of Gwinnett offered as a substitute, a 
resolution allowing Tax Collectors until twenty-fourth 
December next to collect and make returns of taxes 
yet unpaid, and until twenty-fifth January 1872, to 
pay the same into the treasury, and providing also, 
that said collectors should pay into the treasury all 
taxes now collected within the time prescribed by law. 

Mr. Gumming moved to amend by adding that noth- 
ing in said resolution contained shall be so construed 
as to relieve any tax payer from the payment of any 
poll tax or other tax, for the years 1868, 1869 and 1870, 
or any of said jears. 

The amendment was accepted, and the substitute as 
thus amended was agreed to. 

The Senate resolution as amended by the substitute, 
Avas then concurred in. 

Mr. McMillan, chairman of the Enrolling Committee, 
submitted the following report : 

Mr Speaker : 

The bill to provide for a special election for Governor, 
to fill the unexpired term of Rufus B. Bullock, late 
Governor, and for other purposes, is duly enrolled and 
ready for the signature of the Speaker of the House of 
Representatives. 

Garxett McMillan, 
Chairman Enrolling Committee. 

Mr. Hoge, chairman of the Judiciary Committee, 
submitted the following report : 
Mr Speaker : 

The Judiciary Committee have had under considera- 



WEDNESDAY, NOVEMBER 15, 1871. 137 

tion a number of the bills that have been referred 
thereto, and I am directed to report as follows : 

A bill to be entitled an act to provide for the punish- 
ment of any person or persons, who shall assume to 
perform the duties of Constable, in the city of Savan- 
nah, unless he or they has or have been elected or ap- 
pointed, and qualified in accordance with the statute 
of the State, the committee recommend do pass. 

A bill to be entitled an act to authorize agents and 
attorneys at law of defendants, to make oath to pleas 
or defenses, in all cases requiring pleas to be filed un- 
der oath, the committee recommend do pass. 

For a bill to be entitled an act to repeal section 121 
of Irwin's Revised Code, and for other purpose, the 
committee propose a substitute, and recommend that 
the substitute do pass. 

For a bill to be entitled an act to repeal section four- 
teen of an act entitled an act to carry into effect the 
second clause of the thirteenth section of the fifth arti- 
cle of the Constitution, approved February lo, 1869, 
so far as the same is applicable to, or affects the coun- 
ties of Rabun, Habersham, Towns and Union, the 
committee offer a substitute, and recommend that it do 
pass. 

A bill to be entitled an act to repeal an act to estab- 
lish a District Court, and for other purposes, the com- 
mittee recommend do not pass. 

A bill to be entitled an act to bring .on an election 
for Governor of Georgia, to fill the unexpired term 
caused by the resignation of Governor Bullock, the 
committee recommend do not pass. 

A bill to be entitled an act to repeal the District 
Court bill, so far as relates to the Twenty-First Dis- 
trict, the committee recommend do not pass. 

A bill to be entitled an act to repeal so much of an 
act entitled an act to organize the District Court, and 
define its jurisdiction, and for other purposes, ap- 
proved October 28, 1870, as is applicable to the Seven- 
teenth Senatorial District, and to provide for the uniin- 



13S JOURNAL OF THE HOUSE. 

islied business of the District Court of said District, 
the committee recommend do not pass. 

A bill to be entitled an act to repeal an act entitled 
an act to alter and amend section 4245 of Irwin's Re- 
vised Code, the committee recommend do pass. 

A bill to be entitled an act to repeal an act entitled 
an act to amend and secure the proceeds, profits, or 
rents arising from homesteads in this State, and for 
other purposes, approved March 16, 1869, the commit- 
tee recommend do pass. 

For a bill to be entitled an act to alter and amend 
section 3-172 of Irwin's Revised Code, in relation to con- 
tinuances, the committee offer a substitute and recom- 
mends that it do pass. 

A bill to be entitled an act to legalize the acts of the 
Clerk of the Superior Court of Wilcox county, as 
Ordinary of said county, and to authorize said Clerk 
to lev}' a tax for county purposes for the year 1871, 
the committee recommend do pass. 

For a bill to be entitled an act to authorize a counter 
showing to a motion for a continuance in the courts of 
of this State, the committee proposes a substitute, and 
recommend that the substitute do pass. 

A bill to be entitled an act to prescribe the mode of 
repealing the Code of this State, or any part thereof, 
the committee recommend do not pass. 

A bill to be entitled an act to repeal an act consoli- 
dating the offices of Tax Receiver and Collector for 
Charlton county, the committee recommend do pass. 

A bill to be entitled an act to fix the time of holding 
the Superior Court for Charlton county, the committee 
recommend do pass. 

The committee have patiently considered the bill to 
be entitled an act to appoint commissioners to investi- 
gate the affairs of this State, and I am instructed to re- 
port the bill back to the House with amendments, and 
with the recommendation that, when amended as pro- 
posed, it do pass. 

E. F Hoge, Chairman. 



"WEDNESDAY, NOVEMBER 15, 1871. 139 

The Clerk/ resumed the call of the counties, and the 
following bills were read the first time : 

By Mr. Bryan — 

A bill to regulate the system of farming out the Pen- 
itentiary convicts. 

By Mr. McMillan— 

A bill to require all declarations and defenses in 
causes at common law to be complete, as filed at the first 
time, and prohibit amendments to the same in certain 
cases, and for other purposes. 

Also, a bill to alter and amend section 2850 of Ir- 
win's Revised Code. 

By Mr. Wilson— 

A bill to alter and amend section 689 of Irwin' s Re- 
vised Code. 

By Mr. Jackson — 

A bill for the relief of Charles Latimer. 

Also, a bill for the relief of Mary A. Edmondson. 

The following resolutions were offered : 

By Mr. Hall of Meriwether — 

A joint resolution memorializing Congress for the re- 
moval of political disabilities. 

By Mr. Richards — 

A resolution that two hundred copies of the report 
of the State School Commissioner be printed for the 
use of this House. 

The following resolutions were agreed to : 

By Mr. Phillips— 

A resolution instructing the Committee on Finance 
to inquire into and report upon an account of M. H. 
Bentley, former assistant Messenger, for services as 
such, which has been audited, but not paid. 

Also, a resolution that the Secretary of State be di- 
rected to turn over to the Committee on Privileges and 
Elections all papers in his office, having reference to 
the election of a Representative from the county of 
Calhoun. 



140 JOURNAL OF THE HOUSE. 

Leave of absence was granted to Messrs. Jones of 
Heart, Chance}-, Williams, Butts and Clements. 

Mr. Hoge offered a resolution that two hundred 
copies of the lull to appoint commissioners to investi- 
gate the affairs of this State, as amended by the Com- 
mittee on the Judiciary, be printed for the use of this 
House, and that said bill be made the special order for 
Monday next, 2oth instant. 

Pending action !on this resolution, the hour of 1 
o'clock v. m. arrived, and the Speaker declare the 
House adjourned until 9 o'clock a. :\r. to-morrow. 



Atlanta, Cteokgia, 
Thursday, November 16, 1871. 

The Hous^ met pursuant to adjournment, was called 
to order by th" Speaker, and opened with prayer by 
the Chaplain. 

The Journal of yesterday was read and approved. 

Mr. McMillan offered a resolution instructing the 
Committees on Public Printing of the two houses to in- 
vestigate and report as early as practicable, whether jus- 
tice to the State requires any change in the amount of 
compensation now allowed to the State Printer; and 
that the General Assembly proceed at 12 o'clock M. 
this day, to elect a State Printer, who shall be entitled 
to the office upon his accepting the terms mentioned in 
said report, when adopted, 

On motion, the rules were suspended, and the reso- 
lution agreed to. 

Mr. Hall of Upson offered a resolution that the House 
do now proceed to the election of a Speaker pro tern., 
and a Clerk 'pro tern. Agreed to. 

Accordingly, the House proceeded to the election of 
a Speaker pro tern., the members voting viva voce, when 
upon receiving and adding up the votes, it appeared 
that the Hon. Joseph B. dimming, Representative from 
tlie county of Richmond, had received 130 ; scattering 4. 



THURSDAY, NOVEMBER 16, 1871. 141 

So Mr. Cumming having received a majority of all 
the votes cast, was declared Speaker pro tern. 

Those voting for Mr. Cumming are Messrs. — 



Allred, 


Franklin, 


Morrison, 


Anderson, Win. D. 


Goldsmith, 


Murphy of Burke, 


Anderson, Wm. P 


Goodman, 


Murphy of Harris, 


Bacon, 


Graham, 


Netherland, 


Baker of Bryan, 


Gray, 


Nutting, 


Baker of Pike, 


Griffin of Twiggs, 


O'Neal, 


Ballanger, 


Guerry, 


Ormond, 


Battle, 


Guyton, 


Palmer, 


Beasley, ■ 


Hall of Meriwether, 


Patillo, 


Bell, 


Hall of Upson, 


Paxton, 


Bowie, 


Hancock, 


Payne, 


Braddy, 


Head, 


Peeples, 


Brady, 


Heidt, 


Pentecost, 


Brawner, 


Hendley, 


Pierce, 


Brewton of Tatnall, 


Hillyer, 


Pou, 


Brown, 


Hoge, 


Putney, 


Bryan, 


Howell, 


Rawls, 


Bunn, 


Hooks, 


Reid, 


Bush, 


Hudson, 


Renfroe, 


Cato, 


Hughes, 


Richardson, 


Chancey, 


Hunter, 


Roundtree, 


Cliastain, 


Jackson, 


Russell, 


Clark of Richmond, 


Jenkins, 


Rutherford, 


Clark of Troup, 


Johnson of Clay, 


Sargent, 


Cleghorn, 


Joiner, 


Sellers, 


Clements, 


Jones of Macon, 


Simmons of Gwinnett, 


Glower, 


Jones of Terrell, 


Simmons of Houston, 


Cody, 


Kennedy, 


Slaton, 


Collins, 


Killian, 


Smith of Coweta, 


Converse, 


Lanjkin, 


Smith of Oglethorpe, 


Cox, 


Lang, 


Snead, 


Crittenden, 


Lewis, 


Spence, 


Davis of Clarke, 


Lipsey, 


Tarver, 


Davis of Newton, 


Mansfield, 


Taylor, 


Dell, 


Martin, 


Trammell, 


Dukes, 


Mattox, 


Watters, 


Edwards, 


McConnell, 


West, 


Emerson, 


McMillan, 


Wilson, 


Etheridge, 


McNeal, 


WofFord of Bartow, 


Fain, 


McWhorter, 


Wood, 


Parmer, 


Meadows, 


Woodward, 


Pield, 


Moreland, 


Wynn, 


Ployd, 


Morris, 


Mr. Speaker. 


Plynt, 






Cumming, 130. 







142 JOURNAL OF THE HOUSE. 

Messrs. Bruton of Tatnall and Richardson voted for 
Hon. E. F Hoge. Mr. Atkinson for Hon. R. L. Mc- 
Wliorter, and Mr. Colby for Mr. M. Floyd. 

On motion of Mr. McWliorter, Mr. L. Carrington, of 
the county of Baldwin, was elected Clerk pro tern,, by 
acclamation. 

The unfinished business of yesterday, the same being 
the resolution offered by Mr. Hoge, that two hundred 
copies of the bill to appoint commissioners to investi- 
gate the affairs of this State, as amended by the Com- 
mittee on the Judiciary, be printed for the use of this 
House, and said bill made the special order for Monday 
next, 20th instant, was taken up. 

Mr. McWliorter called the previous question, which 
was sustained. 

On motion of Mr Pierce the question was divided. 

The motion to print two hundred copies Avas put to 
the House and prevailed ; and also the motion to make 
said bill the special order for 'Monday next, 20th in- 
stant. 

The Speaker asked leave of absence for one day, on 
account of indisposition, which Avas granted, and the 
Speaker pro tern, took the Chair. 

Mr. Jackson offered a resolution that two hundred 
■copies of the Report of the State School Commissioner 
be printed for the use of this House. 

Mr. Hillyer moved to amend by striking out tAvo 
hundred and inserting five hundred, Avhich motion did 
not prevail. 

Mr. Jackson's resolution Avas agreed to. 

The Speaker announced that at the request of the 
Committee on Education, the name of Mr. Hammond 
of Butts, Avas added to the same. 

The Clerk resumed the call of the counties for the 
introduction of new matter, Avhich Avas unfinished on 
yesterday, and the folloAving bills were read the first 
time : 



THURSDAY, NOVEMBER 16, 1871. 143 

By Mr. Whatley— 

A bill to provide for the payment of grand and petit 
jurors of the county of Fayette. 

Also, a bill to revise the jury box of Fayette county - 

Also, a bill to lay out a new county from the coun- 
ties of Coweta, Spalding, Fayette and Meriwether. 

By Mr. Graham— 

A bill to repeal an act to consolidate the offices of 
Tax Receiver and Collector for the county of Dade. 

By Mr. Chancey — 

A bill to authorize the Ordinary of Early county to 
levy a tax sufficient to supply the paupers of said 
county with medicines, and for other purposes. 

Also, a bill for the relief of B. Chancey, Tax Collec- 
tor of Early county, for the year 1869. 

By Mr. Lamkin — 

A bill to change the line between McDuffie and 
Columbia counties. 

By Mr. Richardson — 

A bill to regulate the wages of laborers, in certain 
cases in the county of Clarke. 

By Mr. Johnson of Clay — 

A bill for the protection of Clerks of the Superior 
Courts and Sheriffs of this State, and to secure their 
fees, and for other purposes. 

By Mr. W D. Anderson — 

A bill to incorporate the Mutual Protection Company 
■of the State of Georgia. 

By Mr. Cody— 

A bill to make the compensation of grand, talis and 
petit jurors in the counties of Taylor and Chattahoochea, 
two dollars per day 

By Mr. Heidt— 

A bill to amend an act, assented to December 31, 
1838, to establish and incorporate a medical college in 
the city of Savannah. 

By Mr. Russell — 

A bill to exempt from jury duty, in the county of 



144 JOURNAL OF THE HOUSE. 

Chatham, all regularly licensed physicians, who are 
actually engaged in the practice of their profession. 

By Mr. Bacon— 

A bill to amend an act to alter and amend the sev- 
eral acts incorporating the city of Macon, approved 
December 27, 1847, and the several acts amendatory 
thereto, to grant additional powers to the Mayor and 
Council of the city of Macon, and for other purposes. 

Also, a bill to incorporate the Exchange Bank of 
Macon. 

Also, a bill to incorporate the College of Pharmacy 
and Health in the city of Macon. 

Also, a bill to incorporate the Macon & Chattahoo- 
chee Railroad Company 

By Mr. Cray — 

A bill to authorize Nathan Chapman to exhibit slight 
of hand, etc., free of taxes. 

By Mr. Simmons of Gwinnett — 

A bill to amend an act to incorporate the town of 
Norcross, in the county of Gwinnett, and for other 
purposes, approved October 26, 1870. 

By Mr. Guyton — 

A bill to incorporate the town of Dublin, in the 
county of Laurens. 

By Mr. Pou— 

A bill to alter and amend the third paragraph of sec- 
tion 2448 of Irwin's Revised Code. 

By Mr. McConnell— 

A bill to regulate the pay of jurors in the county of 
Clayton. 

The following message was received from the Senate,, 
through Mr. Hill, the Secretary thereof: 

Mr. Speaker: 

The Senate has agreed to the following resolution, in 
which they ask the concurrence of the House of Rep- 
resentatives : 

A resolution raising a joint special committee eon- 



THURSDAY, NOTEMBER 16, 1871. 145 

sisting of two from the Senate and three from the House 
of Representatives, to inquire into the cost of the public 
printing, and have appointed as such committee on 
the part of the Senate, Messrs. Nicholls and Simmons. 

Mr. Sargent offered a resolution that the Committee 
on the Judiciary be instructed to report a bill pro- 
viding for an election of three Commissioners for each 
county in this State, and prescribing their duties. 

Mr. Netherland moved to suspend the rules to take 
up a resolution requesting the Door-Keeper not to an- 
nounce ' ' A message from his Excellency the Gover- 
nor," but "A message from the Executive Depart- 
ment." 

The rules were not suspended. 

On motion of Mr. W D. Anderson, the rules were 
suspended, and a resolution instructing the Committee 
on Finance to report by Friday, the 24th instant, to this 
House, a tax bill and appropriation act for the fiscal 
year 1872, was agreed to. 

On motion of Mr. Hall of Upson, chairman of the 
Committee on Internal Improvements, five hundred 
copies of the report of the Superintendent of Public 
Works were ordered to be printed, for the use of the 
General Assembly - 

The report of the Principal Keeper of the Peniten- 
tiary, enclosed with a message from the Executive De- 
partment, sent to this House on the 14th instant, was, 
without being read, referred to the Committee on the 
Penitentiary 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 



x 3 



Mr Speaker: 

I am directed by his Excellency the Governor to de- 
liver to the House of Representatives a communication 
in writing, with accompanying document. 
10 



14G JOI'EXAL OF THE HOUSE. 

Executive Department, 
Atlanta, Ga., November 16, 1871. 

To the S-nrtte and House of Representatives : 

I have the honor to transmit herewith a copy of a 
communication this day received from the Hon. Co- 
lumbus Delano, Secretary of the Interior of the United 
States, in relation to the Agricultural College Land 
Scrip due this State. 

By reference to this communication, it will be seen 
what character of legislation is required to render this 
scrip available for the purpose for which it was do- 
nated by Congress, and I would respectfully recom- 
mend that the necessary measures in reference thereto 
be promptly adopted by your honorable body. 

Benjamin Conley, Governor. 

The foregoing message, with the accompanying doc- 
ument, was referred to the Committee on Agriculture 
and Manufactures. 

On motion of Mr. Snead, the rules were suspended 
and the following Senate bills read the first time : 

A bill to require the Ordinaries of the several coun- 
ties in this State to specify in their orders on the County 
Treasurers the particular funds out of which said or- 
ders ought rightfully to be paid. 

A bill to amend section 4428 of the Code of Georgia. 

A bill to amend the attachment laws of this State. 

A bill to provide for the payment of the debt of 
Clarke county 

A bill to alter and amend and add to the law of 
arson in this State. 

A bill to allow plaintiffs in error to recover damages 
in certain cases. 

A bill to change the county site of Clarke county 
from Watkinsville to Athens, and for other purposes. 

A bill to regulate the practice of dentistry in this 
State. 



THURSDAY, NOVEMBER 16, 1871. 147 

A bill to repeal an act to organize the District Court, 
and define its jurisdiction, and for other purposes. 

A bill to repeal an act to make permanent the site of 
the public buildings of Heard county, and to incorpo- 
rate the town of Franklin. 

A bill to amend an act to prescribe the practice in 
cases of injunction and other extraordinary remedies in 
equity, and the manner of taking judgments on the 
same to the Supreme Court, 

A bill to amend an act to incorporate the town of 
Hawkinsville, in the county of Pulaski. 

A bill to alter and amend section 649 of the Code. 

A bill to confer additional powers upon the corpo- 
rate authorities of the town of Barnesville, in the county 
of Pike. 

A bill to repeal the usury laws of this State, and to 
fix the rate of interest in cases where the contracting 
parties do not fix the same in writing. 

A bill to repeal an act to amend an act, assented to 
August 27, 1870. 

A bill to incorporate the Savannah & Thunderbolt 
Railroad Company 

A bill to repeal and alter the punishment prescribed 
in the following sections of the Code of Gfeorgia, to-wit : 
4276, 4278, 4279, 4290, 4303, 4307, 4335, 4345, 4348, 4349, 
4350, 4351, 4353, 4368, 4372, 4373, 4403, 4408, 4411, and 
4412. 

A bill to amend an act to open and construct a rail- 
road from Athens, Georgia, via Clarksville, in Haber- 
sham county, to some point on the Blue Ridge Rail- 
road, by the most practicable route. 

A bill to change the time of holding the Superior 
Court of Talbot county 

A bill to amend an act to create a Board of Commis- 
sioners for the county of Glynn, so as to make it apply 
to the county of Baker. 

A bill to incorporate the Chattahoochee Manufac- 
turing Company 



14S JOURNAL OF THE HOUSE. 

A bill to prescribe for suits against joint obligors in 
the City Court of Savannah. 

A bill to amend section 4779 of the Revised Code. 

A bill to provide for the mode of filling vacancies in 
the office of Ordinary, which may now or hereafter exist 
in the several counties of this State. 

A bill to incorporate the town of Eastman, and to 
repeal all previous acts incorporating the same. 

A bill to amend an act to amend section 2741 of the 
Code of Georgia. 

A bill to create a Board of Commissioners of Roads 
and Revenue, in the county of Dawson. 

A bill to repeal an act to provide for an election, and 
to alter and amend the laws in relation to the holding 
of elections, assented to October 3, 1870. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speedier: 

The Senate has passed the following bill of the House 
of Representatives, with an amendment, in which they 
ask the concurrence of the House of Representatives, 
to- wit : 

A bill to amend an act to authorize the Mayor and 
Council of Rome to subscribe stock in the Memphis 
Branch Railroad, and for other purposes. 

Mr. Hoge, chairman of the Judiciary Committee, sub- 
mitted the following report: 

Mr XpeaJcer : 

The Judiciary Committee, to whom was referred a 
bill to be entitled an act to regulate the return and 
trial of causes at law and in equity in the Superior 
Courts, and for other purposes, has had the same un- 
der consideration and recommend that it do not pass. 

Also, a bill to be entitled an act to amend section 
22G1 7 of Irwin s Revised Code, the committee recom- 
mend do not pass. 



THURSDAY, NOVEMBER 16, 1871. 149 

Also, a bill to be entitled an act to protect human 
life, the committee recommend do not pass. 

Also, a bill to be entitled an act to re-establish the 
vendor's lien, the committee recommend do not pass. 

Also, a bill to be entitled an act to more effectually 
prevent the carrying of concealed weapons, the com- 
mittee recommend do not pass. 

Also, a bill to be entitled an act to alter and amend 
section 3895 of Irwin' s Revised Code, and the committee 
recommend that this bill do pass. 

Also, a bill to be entitled an act to make it legal for 
Sheriffs, Coroners, and other levying officers to sell 
certain kinds of personal property without exposing 
the same before the court-house door at the time of sale, 
the committee recommend do pass. 

Also, a bill to be entitled an act to repeal an act to 
organize courts in the Senatorial Districts of this State, 
approved October 28, 1870, the committee recommend 
do not pass. 

E. F Hoge, Chairman. 

Mr. Fain, chairman of the Committee on New Coun- 
ties and County Lines, submitted to following report : 

Mr Speaker: 

The Committee on New Counties and County Lines 
have had under consideration the following; bills, to- 
wit: 



& 



A bill to be entitled an act to change the line between 
the counties of Upson and Pike, and for other pur- 
poses, which they recommend do pass. 

Also, a bill to be entitled an act to change the line 
between the counties of Lee and Terrell, which they 
recommend do not pass. 

Also, a bill to be entitled an act to change the boun- 
daries of Grlynn, "Wayne and Camden counties, Avhich 
they recommend do not pass. 

Also, a bill to be entitled an act to change the county 



ino 



JOURXAL OF THE HOUSE. 



site of Macon county, which they recommend do not 
pass. 

Also, a bill to be entitled an act to change the lines 
between the counties of DeKalb and Gwinnett, which 
they recommend do pass, as amended. 

J. C. Faix, Chairman. 

On motion, the Senate resolution for the appoint- 
ment of certain persons commissioners to vote the stock 
of the State in the Atlantic & Gulf Railroad, was taken 
up. 

Mr. Hunter moved to amend by adding the name of 
the Hon. William B. Bennett, of the county of Brooks, 
which motion prevailed, and the resolution, as thus 
amended, was concurred in. 

The Senate resolution, in relation to the public print- 
ing of this State, was taken up. 

Mr. Simmons of Gwinnett moved that the same be 
concurred in. 

The yeas and nays were called for. 

Those voting in the affirmative are Messrs. — 



Anderson, Wm. P. 


Franklin, 


Mansfield, 


Bacon, 


Glover, 


Martin, 


Baker of Bryan, 


Goldsmith, 


McXeal, 


Bateman, 


Goodman, 


Moreland, 


Beaseley, 


Hall of Meriwether, 


Morris, 


Bell, 


Hall of Upson, 


Kutting, 


Bowie, 


Hammond, 


Paulk, 


Braddy, 


Harvey, 


Payne, 


Bush, 


Head, 


Pierce, 


Clark of Richmond, 


Heidt, 


Renfroe, 


Cloud, 


Hoge, 


Richards, 


Cody, 


Howell, 


Russell, 


Collins, 


Hughes, 


Sellers, 


Converse, 


Hunter, 


Simmons of Gwinnett, 


Crittenden, 


Jackson, 


Snead, 


Dell, 


Jones of Gwinnett, 


Spence, 


Emerson, 


Kelly 


Taylor, 


Etheridge, 


Kennedy, 


Wilson, 


Farmer, 


Lamkin, 


Wynn. 


Flynt, 


Mann, 





FRIDAY, NOVEMBER 17, 1871. 



151 



Those voting 


in tlie negative are 


Messrs. — 


Allred, 


Gray, 


Patillo, 


Anderson, Wm. D. 


Griffin of Houston, 


Paxton, 


Atkinson, 


Griffin of Twiggs, 


Peeples, 


Baker of Pike, 


Guyton, 


Pentecost, 


Ballanger, 


Hancock, 


Pou, 


Battle, 


Hendley, 


Putney, 


Blue, 


Hillyer, 


Rawls, 


Brawner, 


Hooks, 


Eeid, 


Brewton of Tatnall, 


Hudson, 


Richardson, 


Bruton of Decatur, 


Jenkins, 


Riley, 


Brown, 


Johnson of Clay, 


Roundtree, 


Bryan, 


Joiner, 


Rutherford, 


Bunn, 


Killian, 


Sargent, 


Campbell, 


Lang, 


Scott, 


Cato, 


Lewis, 


Simmons of Houston. 


Ckastain, 


McConnell, 


Smith of Coweta, 


Clegliorn, 


McMillan, 


Smith of Oglethorpe, 


Clower, 


McWkorter, 


Summers, 


Colby, 


Meadows, 


Tarver, 


Cox, 


Morrison, 


Traminen, 


Craig, 


Murphy of Burke, 


"VVatters, 


Davis of Newton, 


Murphy of Harris, 


West, 


Dukes, 


Netherland, 


Whatley, 


Fain, 


Oliver, 


Wofford of Bartow, 


Field, 


O'Neal, 


Wood, 


Floyd, 


Ormond, 


Woodward. 



Yeas, 50. Nays, 80. 

So the resolution was not concurred in. 

Leave of absence was granted to Messrs. Brady, 
Braddy, Beasely, Bunn, Knowles, Wood, Emerson, 
Johnson of Jefferson, and Woodward. 

The House adjourned until 9 o'clock a. m. to-mor- 
row. 



Atlanta, Georgia, 
Friday, November 17, 1871. 

The House met pursuant to adjournment, was called 
to order by the Hon. Joseph B. Cumming, Speaker 



lo2 JOURNAL OF THE HOUSE. 

pro tern., and opened with, prayer by the Hon. Mr. 
Heidt, 

The Journal of yesterday was read and approved. 

Leave of absence was granted to the Speaker, on ac- 
count of indisposition, and to Mr. Moreland, on ac- 
count of sickness in his family 

On motion of Mr. Pierce, the rules were suspended, 
and the Senate bill to change the county site of Clarke 
county from Watkinsville to Athens, and for other 
purposes, was read the second time. 

Mr. Hunter moved to refer the same to a special com- 
mittee of three. 

Mr. Pierce moved as a substitute, that said bill, with 
all accompanying memorials, be referred to the Com- 
mittee on Petitions and Memorials, which motion pre- 
vailed. 

On motion of Mr. Johnson of Clay, the rules were 
suspended, and the bill for the relief of 0. P Anthony, 
Tax Collector of Clay county, read the second time 
and referred to the Committee on Finance. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has passed the following bill, which I am 
directed to transmit forthwith to the House of Repre- 
sentatives, to-wit: 

A bill to repeal an act to create the Allapaha Judi- 
cial Circuit, and for other purposes. 

The special order of the day, the same being the re- 
port of the Committee on the Judiciary, in relation to 
the Spalding county contested election, was taken up. 

Mr. Hoge, chairman of the Judiciary Committee, 
submitted the following report : 

Mr Speaker : 

The Judiciary Committee have had under considera- 



FRIDAY, NOVEMBER 17, 1871. 153 

tion a number of bills referred thereto, and I am in- 
structed to report as follows : 

A bill to be entitled an act to provide for the election 
■of a Governor, the committee recommend do not pass. 

A bill to be entitled an act to provide for certain 
sales with right of redemption by the vendor, and to 
fix a penalty for illegal acts done in connection with 
and pursuance of said sales, and for other purposes, 
the committee recommend do not pass. 

For a bill to be entitled an act to amend section 632 
■of Irwin's Revised Code, and to allow the Coroner cer- 
tain fees unprovided for by law, and for other pur- 
poses, the committee offers a substitute, and recom- 
mend that it do pass. 

A bill to be entitled an act to amend section 2261 of 
Irwin' s Revised Code in relation to a lien of landlords 
on the crops of their tenants, and for other purposes, 
the committee recommend do not pass. 

A bill to be entitled an act to repeal the twenty- 
second section of an act entitled an act for raising a 
revenue for the year 1869, and to appropriate money 
for the use of the government during said year, and to 
make certain special appropriations, and for other pur- 
poses, approved March 19, 1869, the committee recom- 
mend do not pass. 

The committee also took under consideration the 
question submitted, touching the contested election 
from the county of Spalding, and being unable to agree 
upon a report, in the limited time that could be devoted 
to it, asks further time. 

E. F Hoge, Cliairman. 

On motion, the request of the committee was granted, 
•and said contested election made the special order for 
Tuesday next, 21st instant. 

Mr. Hughes offered a resolution that John Burnett, 
jr., be appointed to receive and distribute the mail for 
members of this House, which was lost. 



154 JOURNAL OF THE HOUSE. 

Mr. TV D. Anderson offered a resolution that two 
hundred copies of the report of the State Board of 
Education be printed for the use of this House, which 
was agreed to. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit : 

Mr SpecJicr : 

His Excellency the Governor has approved and 
signed the following resolutions, to-wit: 

A resolution requiring officers and agents of the 
Western & Atlantic Railroad to pay into the State 
Treasury sums of money in their hands. 

A resolution to consolidate the Committees of Agri- 
culture and Manufactures of each House. 

On motion of Mr. Payne, the regular order of busi- 
ness, the same being the call of the counties for the 
introduction of new matter, was suspended, and the 
following House bills read the second time, and referred 
to the Committee on the Judiciary 

A bill to amend the charter of the city of Atlanta, 
by providing for the election of a Recorder and Auditor, 
and to prescribe their duties. 

A bill to authorize Clerks of the Superior Courts in 
the counties of Lowndes, Coffee, Echols, Clinch and 
Ware, to issue writs that shall bear test in the names 
of J. R. Alexander and W M. Sessions. 

A bill to prescribe the manner in which official bonds 
and bonds in legal proceedings shall be taken and 
approved by Clerks, Sheriffs, Ordinaries and other 
officers. 

A bill to establish a City Court in the city of Atlanta. 

A bill to change the time of holding the Superior 
Court of Camden county. 

A bill to repeal so much of section 699 of Irwin's 
Code as exempts from road duty teachers and students- 



FRIDAY, NOVEMBER 17, 1871. 155 

of colleges and schools, keepers of public grist mills, 
public ferrymen, keepers of toll bridges, turnpikes, 
causeways and plank roads, engineers and persons in 
charge of cars and trains running on railroads, and 
for other purposes. 

A bill to make it unlawful for any person to sell 
property incumbered by mortgage or lien, without 
giving to the purchaser express notice of the existence 
of such mortgage or lien. 

A bill to amend section 3151 of the Code. 

A bill to repeal the first and second sections and to 
alter and amend the third sectioii of an act to prescribe 
the practice in cases of injunction and other extraordi- 
nary remedies in equity, and the manner of taking 
judgments on the same to the Supreme Court. 

A bill to extend the right to unite parties in matri- 
mony to all practicing attorneys in this State. 

A bill to protect public roads in Thomas county 

A bill to prohibit the ordinances and laws of the city 
of Darien from conflicting with the interests and rights 
of parties shipping timber to said port. 

A bill to amend the laws of this State in relation to 
garnishment. 

A bill to create and organize a new Judicial Circuit 
out of the counties composing the Southern, Macon 
and Middle Circuits, to provide for the appointment of 
a Judge therein, and for other purposes. 

A bill to add the counties of Clinch, Echols and 
Lowndes, of the Allapaha Circuit, to the Southern Ju- 
dicial Circuit, and fix the times of holding the Supe- 
rior Courts in the last named Circuit. 

A bill to require the* owners of lands situate in the 
county of Charlton, to return and pay the taxes thereon 
in said county 

A bill to amend article seven, section two of the Con- 
stitution of the State of Georgia, upon a two-third vote 
of the present and next succeeding Legislature, and 
ratification by the qualified voters of this State. 

A bill to require the owners of lands in the county 



156 JOURNAL OF THE HOUSE. 

of Clinch, to return and pay taxes thereon in said 
county 

A bill to legalize the adjournment of the Superior 
Court of Elbert county - 

A bill to change the time of holding the Superior 
Courts in the counties of Elbert and Hart. 

A bill to regulate the fees of Solicitors General in the 
Supreme Court. 

A bill to empower the Judges of the Superior Courts 
of this State to appoint auditors in cases pending at 
law. 

A bill to authorize the reception of depositions during 
the vacation of the courts, from postmasters and others. 

A bill to amend the laws in reference to wills made 
in another State, territory or foreign country 

A bill to amend the laws respecting nuncupative 
will*. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

3fr. Speaker: 

The Senate has concurred in the following resolution 
of the House of Representatives, with an amendment, 
in which they ask the concurrence of the House of 
Representatives, to-wit : 

A resolution in relation to the public printing of this 
State. 

On motion of Mr. McMillan, the rules were sus- 
pended, the resolution taken up, .and the Senate amend- 
ment concurred in. 

The following bills were read the second time, and 
referred to the Committee on Finance. 

A bill to repeal an act to authorize payment of costs 
to the officers of court of Bartow county 

A bill to authorize the Tax Collector of Cherokee 



FRIDAY, NOVEMBER 17, 1871. 157 

county to pay over to the Ordinary of said county the 
State tax for the year 1871, to aid in building a court- 
house in said county. 

A bill to appropriate certain moneys for the compen- 
sation and reimbursement of Samuel Wei], Esq., 
Foreign Commissioner of Immigration. 

A bill to increase the pay of jurors, and for other 
purposes. 

A bill to provide for the levying and collecting of a 
tax for the payment of bills of insolvent costs due B. 
L. Cole and William H. Bulloch, late Sheriff and 
Clerk of the Superior Court of Chatham county 

A bill to increase the pay of grand and traverse 
jurors in the county of Troup. 

A bill to authorize the Tax Collector of Butts county 
to pay the Ordinary of said county the taxes, except 
special taxes, for the year 1871, for building a court- 
house in said county. 

A bill to create a Board of Assessors in each county 
of this State. 

A bill to regulate the pay of grand and petit jurors 
in Cobb county 

A bill to direct the Tax Collector of Cobb county to 
pay to the Ordinary of said county the taxes of 1871, 
for certain purposes. 

A bill to authorize and require the Tax Collector of 
Dawson county to pay over to the Treasurer of said 
county the State tax for the year 1871, for rebuilding 
the jail of said county. 

A bill to alter and amend section 178 of the Code. 

A bill to establish a lien in favor of physicians and 
school teachers on cotton, corn, wheat and other crops, 
owned or raised by those for whom they practice medi- 
cine or teach school. 

The following bills were read the second time, and 
referred to the Committee on New Counties and County 
Lines : 

A bill to change the line between the counties of Clay 
and Calhoun. 



158 JOURNAL OF THE HOUSE. 

A bill to change the line between the counties of 
Walker and Dade. 

A bill to change the line between the counties of Cof- 
fee and Ware, so as to include the residence of Merritt 
Meeks in Coffee county 

The following bills were read the second time, and 
referred to the Committee on Agriculture and Manu- 
factures : 

A bill to levy and collect a tax from the owners of 
dogs in this State, and prescribe a penalty in case of 
failure or neglect to give in and pay said tax. 

A bill to prohibit and make penal the sale or pur- 
chase of agricultural products between the hours of 
sunset and sunrise. 

The following bills were read the second time, and 
referred to the Committee on Education : 

A bill to establish a permanent Board of Education 
and Orphanage, for the county of Bibb, and to incor- 
porate the same. 

A bill to repeal an act to establish a system of pub- 
lic instruction. 

The following bills were read the second time, and 
referred to the Committee on Coroorations : 

A bill to authorize the Ordinary of Cobb county to 
issue bonds, etc. 

A bill to incorporate the town of Sharpsburg, in the 
county of Coweta. 

A bill to alter and amend section three of an act to 
alter and amend an act to extend and define the cor- 
porate limits of the town of Newnan, and for other 
purposes, approved March 6, 1865. 

A bill to amend the acts incorporating the village of 
Cave Spring, in the county of Floyd. 

A bill to incorporate the town of Whitney. 



FRIDAY, NOVEMBER 17, 1871. 159 

A bill to repeal an act prohibiting the leasing or 
hiring of penitentiary convicts was read the second 
time, and referred to the Committee on the Peniten- 
tiary- 

A bill to amend an act incorporating the Atlantic & 
Great Western Canal Company, was read the second 
time, and referred to the Committee on Internal Im- 
provements. 

The following bills were read the second time and 
referred to the Committee on Banks : 

A bill to repeal certain sections of an act to charter 
the Georgia Mutual Fire & Life Insurance Company, 
and the several acts amendatory thereof. 

A bill to incorporate the Commercial Bank of Albany - 

The following bills were read the second time, and 
committed : 

A bill to authorize the Ordinary of Campbell county 
to issue county bonds. 

A bill to repeal a part of section eight of an act to 
incorporate the town of Preston, in the county of 
Webster. 

A bill to amend the charter of the town of Acworth, 
in the county of Cobb. 

The following bills were read the second time and 
ordered to be engrossed : 

A bill to increase the pay of jurors of Bartow county 

A bill to change the time for the holding of the 
Superior Court in the county of Catoosa. 

A bill to change the time of holding the Superior 
Court in Campbell county 

A bill to alter and amend the road laws of this State 
so far as relates to the county of Dawson. 

On motion of Mr. Cleghorn the rules were suspended, 
and a bill to amend an act to incorporate the Lookout 



160 JOURNAL OF THE HOUSE. 

Mountain Railroad Compaq, and extend the aid of 
the State to the same, was read the first time. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof : 

Mr Speaker : 

The Senate has passed the following bill by a con- 
stitutional majority of yeas 27, nays 6, to-wit: 

A bill to incorporate the Mechanics' & Traders' Bank 
of Georgia. 

The Senate has also agreed to a resolution appoint- 
in a joint committee to inquire into what legislation is 
necessary in regard to "fence laws," and have ap- 
pointed as such committee on the part of the Senate, 
Messrs. Hinton, Hoyle, Jervis, Cone and Anderson. 

The Senate has also passed the following bills of the 
House of Representatives: 

A bill to abolish to City Court of Macon, and to re- 
peal all laws organizing the same. 

Also, a bill to authorize the revision of the jury-box 
of the county of Cherokee, with certain amendments, 
in which they ask the concurrence of the House of 
Representatives. 

The Senate has also concurred in a resolution of the 
House of Representatives to appoint a committee of 
two from the Senate and three from the House of Rep- 
resentatives, to examine and report upon a codification 
of the laws applicable to Justices of the Peace, pre- 
pared by S. C. McDaniel, and have appointed as such 
committee on the part of the Senate, Messrs. Nunnally 
and Wellborn. 

Mr. McMillan, chairman of the Enrolling Committee, 
submitted the following report : 

Mr. Speaker : 

The Committee on Enrollment report as duly en- 



FRIDAY, NOVEMBER 17, 1871. 161 

rolled and ready for the signature of the Speaker of the 
House of Representatives, the following resolution : 

Resolved, That a joint committee be appointed for a 
codification of the laws of this State, applicable to Jus- 
tices of the Peace and Justices' Courts. 

Garnett McMillan, 
Chairman of Enrolling Committee. 

Leave of absence was granted to Messrs. Glover, Bell, 
Hudson, McWhorter, Hall of Upson, Rawls, Brawner, 
Hancock, Smith of Coweta, and Jackson. 

Mr. Phillips, chairman of the Committee on Privi- 
leges and Elections, submitted the following report : 

Mr, Speaker: 

The Committee on Privileges and Elections, heg leave 
to report that they have had under consideration a reso- 
lution directing us to inquire into the election returns 
from the county of Calhoun, and respectfully submit 
that, after carefully examining the returns and the 
evidence, we find that an election was held at Morgan, 
the only precinct in said county, on the 20th, 21st and 
22d days of December, according to the act approved 
October 3, 1870 ; that on the night of the 22d, after the 
closing of the polls, the managers counted out 275 
votes ; that W G. Pierce received 206 votes, and that 
L. L. Boynton received 63 votes of the number counted, 
and there were 999 votes polled during the three days ; 
and after the number had been counted as aforesaid, 
on the night aforesaid, the managers deposited the bal- 
lot box, with all the papers, in the grand jury room, 
and locked the door; but on returning, the morning 
of the 23d, the fact was ascertained that the ballot 
box, tally sheets and ballots had all been stolen and 
carried away from the court-house, and destroyed or 
concealed. Your committee, therefore, believing, un- 
der the law, that full legal returns had not been made 

by the managers from said county, because of a failure 
11 



162 JOURNAL OF THE HOUSE. 

to ascertain who received the highest number of all the 
votes cast, recommend that a new election be ordered 
in said county, according to law, in such cases made 
and provided. 

R. W Phillips, Chairman. 

Mr. Rawls moved to take up and adopt the report of 
the committee. 

The hour of one o'clock p. m. having arrived, the 
session was, on motion, extended fifteen minutes. 

Pending action on the report, the House, on motion, 
adjourned until 9 o'clock a. ?,i. to-morrow. 



ATLAXTA, GrEOKGIA, 

Saturday, November 18, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, pro tern., and opened with 
prayer by Rev- Mr. Cox. 

The Journal of yesterday was read and approved. 

Leave of absence was granted to the Speaker on 
account of continued indisposition, and to Mr. Baker 
of Bryan, for a few days, after to-day, on special 
business. 

On motion of Mr. Hall of Meriwether, the rules were 
suspended, and the Senate bill to repeal the usury 
laws of this State, and to fix the rate of interest in cases 
where contracting parties do not fix the same in writing, 
was taken up, read the second time, and referred to 
the Committee on the Judiciary. 

On motion of Mr. Richards, the rules were suspended, 
and the House bill to authorize the revision of the jury- 
box in the county of Cherokee, was taken up, and the 
Senate amendments thereto concurred in. 



SATURDAY, NOVEMBER 18, 1871. 163 

The House took up the unfinished business of yes- 
terday, the same being the report of the Committee on 
Privileges and Elections in reference to the election in 
Calhoun county 

Mr. Bacon offered as a substitute for the report of 
the committee, a resolution that the Calhoun county 
election case be referred back to the Committee on 
Privileges and Elections, and the claimant of the seat 
be allowed two weeks from this date to complete his 
proof. 

Mr. Richards called the previous question, and the 
call was sustained. 

Mr. Bacon's substitute was lost, and the report of 
the committee adopted. 

On motion of Mr. Wofford of Bartow, the Senate 
resolution in relation to appointing a select joint com- 
mittee to report upon a bill to apportion representa- 
tives of the General Assembly, was taken up. 

Mr. Hunter moved to amend the resolution by pro- 
viding that said committee may inquire into the present 
arrangement of the Senatorial Districts in this State, 
and report by bill or otherwise, any changes they may 
deem necessary. 

This motion prevailed, and the Senate resolution, as 
thus amended, was concurred in. 

Mr. Rawls, chairman of the Committee on Finance, 
submitted the following report, to-wit : 

Mr Speaker: 

The Committee on Finance, beg leave to report that 
they have considered the number and pay of the. pages 
and employees of this House, and have instructed me 
to report a resolution employing four pages at two 
dollars per diem each ; one man to clean and keep this 
hall in good condition, five dollars per diem ; one man 
to take charge of the gallery at five dollars per diem ; 
one man to clean the gallery at two dollars per diem, 



164 



JOURNAL OF THE HOUSE. 



and one man to attend to the committee rooms at two 

dollars per diem. 

Mokgax Rawls, 

Chairman Finance Committee. 

On motion of Mr. Rawls, a resolution in conformity 
with the foregoing report, was read and agreed to. 

The following bills were read the third time and lost : 

A bill to require defendants in actions for the recov- 
ery of real estate to file an abstract of the title on which 
they rely 

A bill to change the line between the counties of Lee 
and Terrell. 

A bill to alter and amend the road laws of this State. 

This bill had been referred to the Committee on the 
Judiciary, who recommended that the same do not pass. 

The question being upon agreeing to the report of 
the committee, the yeas and nays were called for, and 
the call sustained. 



Those 


voting 


in the affirmative are Messrs. — 


Allred, 






Davis of Clarke, 


Mansfield, 


Anderson, 


Wm. 


D. 


Edwards, 


Martin, 


Anderson, 


vrm. 


P 


Floyd, 


Mattox, 


Atkinson, 






Flynt, 


McConnell, 


Bacon, 






Franklin, 


McNeal, 


Battle, 






Goldsmith, 


Meadows, 


Berrien, 






Goodman, 


Murphy of Burke, 


Blue, 






Graham, 


Oliver, 


Bowie, 






Griffin of Houston, 


O'Xeal, 


Bruton of Dec at 


ur, 


Griffin of Twiggs, 


Ormond, 


Brown, 






Guerry, 


Peeples, 


Bryan, 






Hall of Meriwether, 


Pou, 


flush, 






Harvey, 


Richards, 


Campbell, 






Hillyer, 


Rikn-, 


Chastain, 






IToge, 


Roundtree, 


Clark of Richmond, 


Howell, 


Sellers, 


Cloud, 






Hooks, 


Simmons of Gwinnett,. 


Glower, 






Joiner, 


Simmons of Houston, 


Cody, 






Jones of Macon, 


West, 


Colby, 






Jones of Terrell, 


Whatley, 


Collins, 






Killian, 


"Williams, 


Crittenden. 






Lang, 


Wofford of Bartow. 


Davenport. 






Lewis, 





SATURDAY, NOVEMBER 18, 1871. 
Those voting in the negative are Messrs. — 



165 



Baker of Bryan, 


Hendley, 


Pierce, 


Baker of Pike, 


Hughes, 


Eawls, 


Ballanger, 


Hunter, 


Keid, 


Brewton of Tatnall, 


Jenkins, 


Eussell, 


Cato, 


Johnson of Clay, 


Rutherford, 


Chancey, 


Jones of Gwinnett, 


Sargent, 


Clark of Troup, 


Kennedy, 


Simmons of Hall, 


Cox, 


Knowles, 


Slaton, 


Craig, 


Lamkin, 


Smith of Oglethorpe, 


Davis of Newton, 


Mann, 


Snead, 


Dell, 


McMillan, 


Spence, 


Etlieridge, 


Morrison, 


Stovall, 


Field, 


Netherland, 


Tarver, 


Gray, 


Palmer, 


Taylor, 


Guyton, 


Patillo, 


Watters, 


Hammond, 


Paxton, 


Wilson, 


Head, 


Pentecost, 


Wynn. 


Heidt, 


Phillips, 




Yeas, 72. Nays, 


49. 





So the report of the committee was agreed to, and 
the bill was lost. 

The following bills were also read the third time and 
lost: 

A bill to repeal an act to organize the District Court 
and to define its jurisdiction, and for other purposes. 

A bill to repeal an act entitled an act to repeal an 
act to organize a Criminal Court for each county in 
this State, and the several acts amendatory thereof. 

A bill to confer certain privileges on John T. Whit- 
sett, of the county of Lee. 

A bill to repeal an act to organize the District Court 
so far as relates to the Twenty-Mnth Senatorial district. 

A bill to repeal the twenty-second section of an act 
for raising a revenue for the political year 1869, etc., 
approved March 19, 1869. 

A bill to prescribe the punishment for playing and 
betting at cards. 

A bill to repeal an act entitled an act to organize the 
District Court, and for other purposes. 



166 JOURNAL OP THE HOUSE. 

On motion of Mr. Phillips, the rules were suspended, 
and a resolution that the Treasurer be instructed to 
pay the Assistant Door-Keepers and Assistant Messen- 
ger of the House the sum of five dollars per day for 
services rendered, was read and agreed to. 



The following bills were read the third time and 
passed : 

A bill to amend an act to authorize the Mayor and 
Council of the city of Atlanta to provide for the intro- 
duction of water- works into said city 

A bill to authorize the payment of ten per cent, 
interest on one hundred bonds of one thousand dollars 
each by the Scofield Rolling Mill Company. 

A substitute reported by the Judiciary Committee 
for a bill to authorize a counter-showing to a motion 
for a continuance in the courts of this State. 

A bill to authorize the Mayor and Council of the city 
of Cuthbert to issue bonds for educational purposes, 
and to assess and collect taxes to pay the same. 

A bill to increase the pay of jurors for the county of 
Randolph. 

A bill to fix the time for holding the Superior Court 
for Charlton county - 

A bill to exempt firemen from jury duty, was passed, 
as amended by the report of the Committee on the 
Judiciary. 

A bill to compensate physicians for medical services 
rendered to paupers in this State, was read the third 
time. 

Mr. Lang moved to amend by enacting that the pro- 
visions of this bill shall apply and be of force in the 
county of Lincoln only- 
Messrs. Etheridge, Patillo, Sargent, Simmons of 
Hall, Goldsmith, Clark of Troup, O'Neal, and Stovall, 
moved to amend by including respectively the counties 
of Putnam, Harris, Coweta, Hall, DeKalb, Troup, 
Baldwin, and McDuffie, which amendments were ac- 
cepted by Mr. Lang, and the bill as thus amended, 
was passed. 



SATURDAY, NOVEMBER 18, 1871. 167 

A bill to alter amend section 2267 of Irwin' s Revised 
Code, was read the third time. 

Mr. Pou, who introduced the same, requested permis- 
sion to withdraw it, which was granted. 

A bill to repeal an act entitled an act to change the 
county of Glascock from the Northern to the Middle 
Judicial Circuit, was read the third time. 

The Committee on the Judiciary had recommended 
that this bill do pass. 

On motion of Mr. Pou, the report of the committee 
was laid on the table. 

On motion of Mr. Hoge, the rules were suspended, 
and the Senate bill to repeal the twentieth section of 
an act approved October 25, 1870, was read the second 
time and committed. 

The following bills were read the third time and in- 
definitely postponed : 

A bill to repeal an act to organize the District Court 
and define its jurisdiction, approved October 28, 1870, 

A bill to order a special election for a Governor of 
this State. 

A bill to amend section 3687 of the Code was read 
the third time and recommitted to the Committee on 
the Judiciary 

A bill to authorize the Tax Collector of Gwinnett 
county to pay over to the Ordinary of said county the 
State tax for the year 1871, was read and laid on the 
table. 

Mr. Simmons of Gwinnett gave notice that he would 
move to reconsider this action of the House, on Mon- 
day next. 

On motion, the rules were suspended, and the follow- 
ing bills read the first time : 

By Mr. Simmons of Hall — 

A bill to incorporate the Georgia Diamond Mining. 
Company. 



1GS JOURNAL OF THE HOUSE. 

By Mr. Murphy of Burke— 

A bill to incorporate the town of Lawtonville. 

A bill to provide for the election of a Governor was 
read the third time and laid on the table. 

Mr. Phillips offered a resolution that the Committee 
on Privileges and Elections be empowered to send for 
persons and papers in any case before them, whenever 
they deem it necessary, which, with his consent, was 
laid on the table for the present. 

Mr. McMillan, chairman of the Committee on En- 
rollment, submitted the following report : 

Mr. Speaker: 

The Committee on Enrollment report as duly en- 
rolled and ready for the signature of the Speaker of 
the House of Representatives, the following bill, to- 
wit : 

A bill to abolish the City Court of the city of Macon, 
and to repeal an act entitled an act to create and or- 
ganize the City Court of the city of Macon, to define 
the jurisdiction thereof, and for other purposes, ap- 
proved October 26, 1870, and for other purposes. 

Also, a resolution instructing the joint Committee on 
Finance of both Houses to proceed forthwith to inves- 
tigate all matters touching the transactions in bonds, 
moneys and other securities of the State of Georgia, 
between Rufus B. Bullock, Henry Clews & Co., the 
National Bank of Atlanta, and other parties, with 
power to send for persons and papers. 

Also, a bill to be entitled an act to authorize the re- 
vision of the jury-box in the counties of Cherokee, 
Twiggs and Fulton. 

Garxett McMillan, Chairman. 

The Speaker pro tern, announced the following gen- 
tlemen as members, from the House, of the joint com- 
mittee to examine and report upon a codification of the 
laws relating to Justices of the Peace and their courts, 



MONDAY, NOVEMBER 20, 1871. 169 

^prepared by S. C. McDaniel : Messrs. Bryan, W D. 
Anderson, and Netherland. 

Also, the following gentlemen as additional mem- 
bers of the Committee on Agriculture and Manufac- 
tures : Messrs. Nutting, Bowie, and Sargent. 

Leave of absence was granted Messrs. Cloud, Guerry, 
Joiner, and Dukes. 

On motion of Mr. Simmons of Hall, the House ad- 
journed until one minute after 10 o'clock a. m. on 
Monday next. 



Atlanta, Georgia, 
Monday, November 20, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
the Rev. Mr. Cox. 

The Journal of Saturday was read and approved. 

Mr. Crittenden moved to reconsider so much of the 
Journal of Saturday as relates to the adoption of the 
report of the Committee on Privileges and Elections, 
declaring there had been no legal election for Repre- 
sentative in the county of Calhoun, which motion did 
not prevail. 

Mr. Lipsey moved to reconsider so much of said 
Journal as relates to the loss of a bill for the relief of 
John T. Whitsett, of the county of Lee, which motion 
was lost. 

Mr. Pierce moved to reconsider so much of said 
Journal as relates to the passage of a bill to compen- 
sate physicians for medical services rendered to pau- 
pers in this State, which motion prevailed. 

Mr. Simmons of Gwinnett, moved to reconsider so 
much of said Journal as relates to the loss of a bill to 
.authorize the Tax Collector of Gwinnett county to pay 



170 JOURNAL OF THE HOUSE. 

over to the Ordinary of said county the State tax for 
the year 1S71, which motion prevailed. 

Mr. Craig moved to reconsider so much of said Jour- 
nal as relates to the loss of a bill to alter and amend 
the road laws of this State, after the reading of the 
Journal had been finished. 

The Speaker ruled this motion out of order, the gen- 
tleman having failed to give notice of a motion to re- 
consider, while the Journal was being read. 

Mr. Hunter moved to suspend the rules for the pur- 
pose of allowing the motion to reconsider to be made. 

Mr. "W D Anderson rose to a point of order, to-wit : 
that the rules could not be suspended so as to recon- 
sider any matter which had been finally acted upon by 
the House, unless the notice had been given under the 
rules. 

The Speaker ruled the point well taken, but stated 
that by unanimous consent, the loss of the bill might 
be reconsidered. 

There being no objection, the motion to reconsider 
prevailed. 

On motion of Mr. McMillan, the rules were sus- 
pended and a resolution instructing the joint Commit- 
tees on Finance to report to their respective houses by 
to-morrow morning, with such recommendations a;s 
they may make, the several bills referred to them in 
relation to the pay and mileage of the offices and mem- 
bers of the General Assembly, and that they report a 
special bill on this subject, was taken up and agreed 
to. 

The following message was received from the Senate,, 
through Mr. Hill, the Secretary thereof: 

Mr. Speaker : 

The Senate has agreed to the following resolution,, 
to-wit : 

A resolution appointing a special joint committee to 
inquire into certain matters connected with the Execu- 



MONDAY, NOVEMBER 20, 1871. 171 

tive Mansion, and have appointed as snch committee, 
on the part of the Senate, Messrs. Mathews and Clark. 

The House took up the special order for the day, the 
same being the bill to appoint commissioners to inves- 
tigate the affairs of this State, with the amendments 
thereto, reported by the Committee on the Judiciary- 
Mr. Phillips offered, as a substitute, a preamble and 
resolutions providing for the appointment of a joint 
committee of three from the Senate, and seven from the 
House, to make a thorough investigation into all de- 
partments of the government of this State, and report 
thereon to this General Assembly at its next session. 

Mr. Simmons of Gwinnett offered, as a substitute for 
the whole, a preamble and resolution providing for the 
appointment of a joint committee of two from the Sen- 
ate and five from the House, to make such investiga- 
tion, and report thereon to this General Assembly at 
it its next session. 

The Speaker ruled that this substitute could not be 
submitted to the House until the report of the Commit- 
tee on the Judiciary, recommending amendments to 
the bill, or the substitute of Mr. Phillips, one or the- 
other, was disposed of. 

The substitute of Mr. Simmons was read for the in- 
formation of the House. 

Mr. McMillan gave notice, that in the event of the 
passage of the bill, he would offer a resolution that 
•each member of the House who voted for said resolu- 
tion, shall, give a check for the sum of one hundred 
dollars on the Treasurer, to be reserved out of his per 
diem pay, to be used in paying the commissioners 
appointed under said bill for their services, etc., which 
resolution was read for the information of the House. 

Pending action on the bill before the House, the 
amendments thereto, and the substitute of Mr. Phillips, 
the hour of adjournment arrived. 

Mr. Heidt moved that the House adjourn to meet 
again at 3 o'clock p. m. to-day Lost. 



172 JOURNAL OF THE HOUSE. 

Mr. Snead moved that the session be extended thirty 
minutes. This motion was also lost. 

Leave of absence was granted to Messrs. Taylor, 
Lipsey, Flynt, Bateman, Howell, and Ormond ; and to 
the Door-Keeper, Mr. Born. 

The Speaker declared the House adjourned until 9 
o'clock a. m. to-morrow. 



Atlanta, Georgia, 
Tuesday, November 21, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
the Hon. Mr. Heidt. 

The Journal of yesterday was read and approved. 

On motion, the rules were suspended, and the fol- 
lowing bills, introduced by Mr. Renfroe, read the first 
time : 

A bill to change the time of holding the Superior 
Courts in the counties of the Middle Circuit in this 
State. 

Also, a bill to alter and amend the several acts in- 
corporating the town of Sandersville, and confer upon 
said town a municipal government, with all the rights 
and privileges usually enjoyed by cities in Georgia. 

On motion of Mr. Gray, the rules were suspended, 
and resolution to inquire into the lease of the Peniten- 
tiary convicts to Grant, Alexander & Co., was taken 
up. 

Mr. Goldsmith moved to lay the resolution on the 
table, which motion prevailed. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 
The Senate has passsed the following bills : 



TUESDAY, NOVEMBER 21, 1871. 173 

A bill to prescribe the manner of incorporating docu- 
mentary evidence in bills of exceptions. 

Also, a bill to amend an act authorizing the Ordi- 
nary of Lumpkin county to issue bonds. 

Also, a bill to compensate Ordinaries, Sheriffs and 
Clerks of the Superior Courts for certain services. 

Also, a bill to make certified extracts from the records 
of railroad companies and banks, evidence in certain 
cases. 

Also, a bill to provide for taking bonds of public 
officers and qualifying them. 

Also, a bill to alter and amend section 3646 of the 
Code. 

Also, a bill to merge the j urisdiction of courts of law 
and equity in this State. 

Also, a bill to make it a penal offense to sell liquor 
to minors, without written consent. 

Also, a bill to enforce fifth article, twelfth section, 
second paragraph of the Constitution. 

Also, a bill to require the Clerks of the Superior 
Courts to provide blanks with printed instructions, for 
taking interrogatories. 

Also, a bill to regulate the practice of courts in trials 
for felonies. 

Also, a bill to amend an act to provide for setting 
apart a homestead. 

Also, a bill to incorporate the LaCrange & Barnes- 
ville Railroad Company. 

Also, a bill to require Judges of the Superior Courts 
to give in charge section 1436 of the Code. 

Also, a bill to amend an act to incorporate the Al- 
bany & Columbus Railroad Company 

Also, a bill to relieve joint debtors by judgment. 

Also, a bill to legalize the subscription of Indian 
Springs to the Griffin, Monticello & Madison Railroad 
Company 

Also, a bill to amend an act to incorporate the Wil- 
mington Railroad Company. 

Also, a bill to legalize the subscription of Madison 



174 JOURNAL OF THE HOUSE. 

to the Griffin, Monticello & Madison Railroad Company. 

Also, a bill to more effectually punish certain acts of 
violence. 

Also, a bill to authorize the appointment of an 
auditor in cases of law and equity 

Also, a bill to amend an act incorporating the Ever- 
green Cemetery of Bona venture. 

Also, a bill to assist the Georgia Infirmary 

The Senate has also passed the following bills of the 
House of Representatives, to-wit : 

A bill to incorporate the Excelsior Slate Mining 
Company, and for other purposes. 

Also, a bill to incorporate the Van Wert Slate Min- 
ing Company. 

Also, a bill to change the time of holding the Supe- 
rior Courts of the counties of Columbia and McDuffie. 

The Senate has also agreed to a resolution requesting 
the joint Finance Committee to report a bill in relation 
to per diem of members and officers of the General 
Assembly, in which they ask the, concurrence of the 
House of Representatives. 

The House took up the unfinished business of yes- 
terday, the same being the bill to appoint commis- 
sioners to investigate the affairs of this State. 

Mr. Jackson called the previous question, and the 
call was not sustained. 

Mr. Phillips accepted as an amendment to his sub- 
stitute so much of the resolution offered by Mr. Sim- 
mons of Gwinnett, as provides that nothing in said 
substitute contained shall prevent the committee ap- 
pointed under the resolution, from beginning the in- 
vestigation provided for, before the adjournment of the 
General Assembly, and reporting at once to the same, 
any information of importance thereby developed. 

Pending action, the hour of 1 o'clock p. m. arrived. 

Mr. Heidt moved that the session be extended thirty 
minutes, which motion prevailed. 

Mr. Riley called the previous question on the sub- 
stitute of Mr. Phillips, and the call was sustained. 



TUESDAY, NOVEMBER 21, 1871. 



175 



Mr. W D. Anderson called for the yeas and nays, 
and the call was sustained. 



Those voting 


in the affirmative are Messrs. — 


Allred, 


Franklin, 


Morrison, 


Anderson, ¥m. P. 


Goldsmith, 


Murphy of Burke, 


Atkinson, 


Goodman, 


Murphy of Harris, 


Bacon, 


Graham, 


Netherland, 


Barksdale, 


Gray, 


Nutting, 


Barron, 


Griffin of Houston, 


Oliver, 


Battle, 


Griffin of Twiggs, 


O'Neal, 


Berrien, 


Guyton, 


Palmer, 


Blue, 


Hall of Meriwether, 


Patillo, 


Booth, 


Hall of Upson, 


Paulk, 


Bowie, 


Hammond, 


Paxton, 


Brewton of Tatnall, 


Harvey, 


Payne, 


Bruton of Decatur, 


Head, 


Pentecost, 


Brown, 


Heidt, 


Phillips, 


Bryan, 


Hendley, 


Pierce, 


Bunn, 


Hillyer, 


Putney, 


Bush, 


Hoge, 


Renfroe, 


Butts, 


Howell, 


Richards, 


Campbell, 


Hooks, 


Richardson, 


Carlton, 


Hunter, 


Riley, 


Cato, 


Jackson, 


Roundtree, 


Chancey, 


Jenkins, 


Russell, 


Chastain, 


Johnson of Clay, 


Rutherford, 


Clark of Richmond, 


Johnson of Jefferson, 


Sellers, 


Clark of Troup, 


Jones of Gwinnett, 


Simmons of Gwinnett, 


Clower, 


Jones of Macon, 


Simmons of Hall, 


Cody, 


Jones of Terrell, 


Simmons of Houston, 


Colby, 


Kelly, 


Slaton, 


Collins, 


Kennedy, 


Smith of Coweta, 


Converse, 


Lamkin, 


Smith of Oglethorpe, 


Cox, 


Lang, 


Snead, 


Craig, 


Lewis, 


Spence, 


Crittenden, 


Lipsey, 


Stovall, 


Cumming, 


Mann, 


Summers, 


Davis of Clarke, 


Mansfield, 


Summerlin, 


Dell, 


Martin, 


Tarver, 


Dukes, 


Mattox, 


Trammell, 


Edwards, 


McConnell, 


Watters, 


Emerson, 


McMillan, 


West, 


Etheridge, 


McNeal, 


Whatley, 


Fain, 


McWhorter, 


Williams, 


Farmer, 


Meadows, 


Wilson, 


Field, 


Moreland, 


Wofford of Banks, 


Floyd, 


Morris, 


Wofford of Bartow. 



17G JOURNAL OF THE HOUSE. 

Those voting in the negative are Messrs. — 

Anderson, Wm. D. Davis of Newton, Peoples, 

Baker of Pike, Hughes, Pou, 

Ballanger, Killian, Scott, 

Clegliorn, Knowles, Wood. 

Yeas, 12t*. Xays, 1:2. 

So the substitute of Mr. Phillips was adopted in lieu 
of the bill, and agreed to by the House. 

The following message was received from the Senate,, 
through Mr. Hill, the Secretary thereof: 

Mr SpeaJier : 
The Senate has passed the following bill, to-wit : 
A bill to execute the fifteenth section of the first 

article of the Constitution of Georgia. 

Mr. W J). Anderson, chairman of the Committee on 
Corporations, submitted the following report, to-wit: 

Mr Speaker : 

The Committee on Corporations have considered the- 
following bills, to-wit : 

A bill to authorize the Ordinary of Cobb county to 
issue bonds, etc., which they recommend do pass. 

A bill to amend the various laws incorporating the 
town of Newnan, which they recommend do pass. 

A bill to incorporate the town of Sharpsburg, in the 
county of Coweta, which they recommend do pass. 

A bill to amend the charter of the town of Cave 
Spring in the county of Floyd, which they recommend 
do pass, as amended. 

A bill to amend the charter of the town of Acworth, 
in the county of Cobb, which they recommend do pass, 
as amended. 

William D. Andeksojn', Chairman. 

Mr. Hall of Upson, chairman of the Committee on 
Internal Improvements, submitted the following report, 

to-wit : 



TUESDAY, NOVEMBER 21, 1871. 177 

Mr Speaker: 

The Committee on Internal Improvements have had 
under consideration a memorial addressed to the Con- 
gress of the United States, in reference to opening water 
communication, by means of a canal, between the At- 
lantic and the Mississippi, and recommend that the 
same do pass. 

The committee also recommend the introduction and 
passage of the resolution herewith submitted, in refer- 
ence to the appointment of a committee to visit Wash- 
ington City, and co-operate with our members in Con- 
gress, in accomplishing the object set forth in the 

memorial. 

Hall of Upson, 

Chairman. 

Mr. Goldsmith, chairman of the Committee on the 
Penitentiary, submitted the following report, to-wit : 

Mr Speaker: 

The Committee on the Penitentiary have had under 
consideration a bill to repeal an act entitled an act pro- 
hibiting the leasing or hiring of Penitentiary convicts, 
which they recommend do not pass. 

Said committee have also requested me to report a 
joint resolution, requiring Messrs. Grant, Alexander 
& Co., on three months notice, to turn over to the 
State, all convicts and property of this State in their 
possession, and recommend it do pass. 

W L. Goldsmith, 
Chairman Committee on Penitentiary. 

Mr. McMillan, chairman of the Committee on Peti- 
tions and Memorials, submitted the following reports, 
to-wit : 

Mr. Speaker: 

The Committee on Petitions and Memorials, to whom 
was referred the petition of John A. Jones, of Polk 
county, asking a certain appropriation to indemnify 
12 



178 JOURNAL OF THE HOUSE. 

Mm against loss by reason of payment of moneys for 
land heretofore purchased at Sheriff' s sale, report : 

Your committee are unable to supply facts by con- 
jecture. They report adversely to the petition, as it 
stands in its defective statement of facts, and recom- 
mend that it be not granted. 

Gabxett McMillan, Chairman. 

Mr Speaker : 

The Committee on Petitions and Memorials, to whom 
was referred the Senate bill to be entitled an act to 
change the county site of Clarke county from Watkins- 
ville to Athens, and for other purposes, and certain 
memorials relating to the same, report : 

Your committee have had said several matters under 
consideration, and recommend that said Senate bill, as 
passed, be concurred in by the House of Representa- 
tives. 

Gaexett McMillan - , Chairman. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, Secretary 
thereof, to- wit : 

Mr. Speaker: 

I am directed by his Excellency the Governor, to de- 
liver to the House of Representatives, a communica- 
tion in writing, with accompanying document. 

The message was not taken up. 

Mr. M. C. Summerlin, Representative elect from the 
county of Heard, appeared and was sworn in. 

Leave of absence was granted to Messrs. Hammond 
and Ormond. 

The Speaker declared the House adjourned until 9 
o' clock a. m. to-morrow. 



WEDNESDAY, NOVEMBER 22, 1871. 179 

Atlanta, Georgia, 
Wednesday, November 22, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
the Chaplain. 

The Journal of yesterday was read and approved. 

On motion of Mr. Heidt, the rules were suspended, 
and a resolution that no member of this House shall 
speak over ten minutes on the same subject, except by 
a two-thirds vote of the same, which was taken up. 

Mr. Richardson moved to strike out ' ' ten ' ' and insert 
' ' twenty ' ' 

Mr. Pou moved to strike out "ten" and insert "fif- 
teen." 

The motion of Mr. Richardson was lost, that of Mr. 
Pou prevailed, and the resolution, as thus amended, 
was agreed to. 

The message from the Executive Department, sent 
to this House on yesterday, was taken up and read, 
and is in the following words : 

Executive Department, 
Atlanta, Ga., November 21, 1871. 

To the House of Representatives : 

I herewith return to your honorable body, in which 
it originated, the bill entitled "an act to provide for a 
special election for Governor, to fill the unexpired term 
of Rufus B. Bullock, late Governor, and for other pur- 
poses," with my dissent to the same, and the reasons 
therefor. 

I have not adopted this course without the gravest 
consideration. As the object of the bill is to fill the 
unexpired term of Governor Bullock, which, at the 
time of his resignation, devolved by the Constitution 
upon myself, my personal pride would impel me 
promptly to affix my signature to it, since to refuse sO 
to do is to put it in the power of those disposed to 



180 JOURNAL OF THE HOUSE. 

judge harshly, to attribute my action to interested mo- 
tives. But however much I may feel inclined by giv- 
ing the bill my assent to repel such imputations, I 
must in this, as in all my official action, be guided by 
my judgment rather than my pride. 

Indeed it cannot but occur to every thinking man, 
that, if the Constitution authorizes so unseemly a pro- 
creeding as that presented by the bill under considera- 
tion, in which the Executive of the State is called upon 
to sit in solemn judgment upon the question of the pro- 
priety or impropriety of terminating his own official 
existence, the Constitution is in this respect at least 
anomalous. It is a settled rule, both of law and of 
common sense, that no man should be compelled or 
permitted to sit in judgment upon his own rights, not 
only because the selfishness of human nature leads 
one to judge in his own favor, but because a proud 
man would prefer to sacrifice his own rights, rather 
than subject himself to the suspicions of ungenerous 
critics. In so important a law as that now proposed, 
the people are entitled to the free judgment of both 
the Legislature and the Executive. 

Nothing is more carefully guarded against in the 
Constitution than the happening of a contingency hi 
which a public officer shall become personally inter- 
ested in the exercise of the duties of his office. If the 
Governor be impeached, even, the President of the 
Senate is upon the trial to vacate his seat, since if con- 
viction takes place, he becomes clothed with the func- 
tions of the Governor. The Judges of the Supreme 
Court, if interested in a case before them, are temporarily 
displaced by Circuit Judges selected by the Governor. 
If a case arise in which a Judge of the Superior Courts 
is interested, the law provides that he shall not preside. 
And generally, by the Constitution and laws, by the 
rules of legislative bodies and by common consent of 
all publicists it is, as I have said, a settled rule that no 
one shall be permitted or compelled to exercise his 
public functions in a matter directly involving his own 



WEDNESDAY, NOVEMBER 22, 1871. 181 

interests. Were the duty imposed a mere ministerial 
one, in which I was called upon simply to do an act, 
in which I was not bonnd by my oath of office to 
exercise my judgment, the case would be different. 

I have said thus much because I cannot but feel that 
the Gfeneral Assembly, in the passage of this bill, has 
not fully considered the position in which it places 
myself; and because I cannot think so strange an 
anomaly as its presentation to me for my signature 
was ever contemplated in the Constitution of the State. 

The Constitution, article four, section one, paragraph 
four is as follows : 

"In case of the death, resignation or disability of 
the Governor, the President of the Senate shall exercise 
the Executive powers of the Government, until such 
disability be removed, or a successor is elected and 
qualified. And in case of the death, resignation or 
disability of the President of the Senate, the Speaker 
of the House of Representatives shall exercise the 
Executive powers of the Government until the removal 
of the disability, or the election and qualification of a 
Governor. The General Assembly shall have power 
to provide by law for filling unexpired terms by a 
special election. 

Without a doubt, it is upon the last sentence of this 
■quotation from the Constitution that this bill is founded. 

The bill is entitled " an act to provide for a special 
election for Governor, to fill the unexpired term of 
Rufus B. Bullock, late Governor, and for other pur- 
poses." It provides that an election shall be held on 
a fixed day, to- wit : the third Tuesday in December, 
eighteen hundred and seventy-one, for that purpose. 

In my judgment, the clause of the Constitution 
referred to does not authorize or justify such a law. 
The language is : "The General Assembly shall have 
power to provide by law for filling unexpired terms by 
a special election." 

It was contemplated that the General Assembly 
should provide by a general law, not for filling a par- 



182 JOURNAL OF THE HOUSE. 

ticular unexpired term, but for filling unexpired terms 
generally No man can read this language of the 
Constitution, without feeling that it is a very strained 
construction, to say the least of it, to hold that it 
authorizes a special law for a special case. The 
language is unsuited to such an idea. The word terms 
indicates clearly that a general law is meant passed in 
view of the general public good and looking to future 
vacancies, and not to one that has already occurred. 
The action now taken can only be called a law by 
couites}' It is rather an order than a law, as is indi- 
cated by the constant use of that term when speaking 
of it in common conversation. It does not provide for 
future events, but for one past event. 

Upon the resignation of Governor Bullock, I was 
informed thereof by the Secretary of State, and on the 
thirtieth day of October, of this year, in pursuance of 
section one hundred and twenty-seven of the Code of 
Georgia, I appeared at the Capitol and took the oath 
of office, and the same was entered upon the minutes 
of the Executive office, as required by the section of the 
Code just cited. That oath was in these words, as 
prescribed by the Constitution : " I do solemnly swear 
that I will faithfully execute the office of Governor \ 
of the State of Georgia, and will, to the best of my 
ability, preserve, protect, and defend the Constitution 
thereof, and of the United States of America." 

At the time I took said oath, there was no law in this 
State for filling unexpired Gubernatorial terms by a 
special election. The Constitution was the only law. 
That conferred the office upon the President of the 
Senate, until the regular election for a Governor in the 
mode and at the time therein provided. 

Is it competent for the General Assembly, under the 
clause authorizing it to provide by law for filling 
unexpired terms, to order an election by a special act, 
to fill a term already filled according to the Constitution? 

Section twenty-six of article one of the Constitution 
provides that ' ' Laws shall have a general operation, 



WEDNESDAY, NOVEMBER 22, 1871. 183 

and no general law affecting private rights shall be 
varied in any particular case by special legislation, 
except with the free consent, in writing, of all persons 
to be affected thereby" 

At the time Governor Bullock resigned, and the oath 
to "execute the office of Governor of the State of 
Georgia" was administered to me, it was the general 
law that the President of the Senate should exercise 
the duties of Governor until the regular election, and 
it is not competent for the General Assembly, by a 
special law, to vary this general law so as to affect a 
case occurring before the enactment. Nor is there any 
significance in this argument in the use of the words 
"special election," in the clause referred to. The Con- 
stitution in article two, section eleven, provides that 
the election of Governor, members of Congress and of 
the General Assembly shall be held at the same time, 
to-wit : on the Tuesday after the first Monday in No- 
vember. The election of a Governor is also provided 
in article four, section one, •paragraph two of the Con- 
stitution, to be held on the Tuesday after the first Mon- 
day in November, quadrennially at the places for hold- 
ing general elections. Any election to fill an unex- 
pired term must necessarily, though provided for by a 
general law for all such cases, be a "special election," 
since it is held at a different time from the ' ' general 
election," to-wit: same time regulated by the law for 
filling unexpired terms. 

Had the intent been to authorize the General Assem- 
bly to provide for filling a particular unexpired term, 
after it had occurred, it seems to me the language used 
would have been very different. The Constitution 
would have said, ' ' The General Assembly shall have 
power by special law to provide for filling an unex- 
pired term by a special election." 

A power to provide oy law for filling unexpired 
terms by a special election, necessarily involves a gen- 
eral survey of such cases, and especially does it in- 
volve the free exercise of judgment by the Legislature 



184 JOURNAL OF THE HOUSE. 

and by the Governor. This free judgment cannot be 
had in a special law for a special case, when the pas- 
sage of it involves the official existence of the Execu- 
tive. He can give no free judgment in the matter since 
he is necessarily interested in the event. 

No proper provision can be made by law for such a 
case after the occasion has arisen, because one of the 
elements of every Jaw — the free judgment of the Exec- 
utive upon its propriety — cannot be obtained ; and be- 
cause its passage involves the violation of that clause 
of the Bill of Rights, which prohibits the varying of a 
general law by special enactment, when private rights 
are thereby to be affected. 

Another objection to the constitutionality of this bill 
is drawn from the provisions of article four, section 
one, paragraph two of the Constitution. This para- 
graph is in these words : 

"After the first election, the Governor shall be 
elected quadrennially by tlje persons qualified to vote 
for members of the General Assembly, on the Tuesday 
after the first Monday in November, until such time be 
altered by law, which election shall be held at the 
places of holding general elections in the several coun- 
ties of this State, in the same manner as is prescribed 
for the election of Members of the General Assembly. 
The returns for every election of Governor, after the 
first, shall be sealed up by the managers, separately 
from other returns, and directed to the President of the 
Senate and Speaker of the House of Representatives, 
and transmitted to his Excellency the Governor, or the 
person exercising the duties of Governor for the time 
being, who shall, without opening the said returns, 
cause the same to be laid before the Senate on the day 
after the two Houses shall have been organized ; and 
they shall be transmitted by the Senate to the House 
of Representatives. The members of each branch of 
the General Assembly shall convene in the Represen- 
tative Hall, and the President of the Senate and the 
Speaker of the House of Representatives shall open 



WEDNESDAY, NOVEMBER 22, 1871. 185 

•and publish the returns in the presence of the General 
Assembly; and the person having the majority of the 
whole number of votes given shall be declared duly 
elected Governor of this State ; but if no person have 
such majority, then from the two persons having the 
highest number of votes, who shall be in life, and shall 
not decline an election at the time appointed for the 
Legislature to elect, the General Assembly shall imme- 
diately elect a Governor viva voce; and in all cases of 
election of a Governor by the General Assembly, a 
majority of the votes of the members present shall be 
necessary for a choice. Contested elections shall be 
determined by both Houses of the General Assembly 
in such manner as shall be prescribed by law." 

I am aware of the claim that these provisions do not 
apply to special elections to fill unexpired terms ; since 
it is contended the power to provide by law for filling 
such terms includes the mode by which the result of 
those elections shall be ascertained and disclosed. But 
nothing is more clear to my mind than that all parts of 
the Constitution are to be construed together — that no 
part thereof is to be ignored. It will hardly be con- 
tended that this power to provide by law for filling 
unexpired terms is to be construed as though it stood 
alone. May the General Assembly, in the exercise of 
this power, say who shall vote at the election ? Who 
should be eligible to the office ? Who shall open the 
returns, declare the result, and decide the controversy 
if there be no majority, or if the election be contested ? 

It seems to me that the clause conferring the power 
to provide by law for filling unexpired terms by special 
election is to be read and understood with this qualifi- 
cation, that the General Assembly in the exercise of 
the power is to be restrained and contracted by any 
other part of the Constitution applicable to the matter. 
As the Constitution fixes the qualifications of voters, 
the eligibility of candidates and the mode of transmit- 
ting and opening the returns and declaring the result, 
.as it provides that the person elected shall have a 



186 JOURNAL OF THE HOUSE. 

majority of all tlie votes cast, and what shall happen 
if no one receives that majority, and also provides 
what body shall decide the controversy if there be a 
contested election, as all these things are provided for 
in detail in the Constitution, and are by the express 
words used declared to apply to every election for 
Governor, it is a very unfair construction to say that 
they apply only to the regular quadrennial election 
and not to the special elections to be provided for by 
law for filling unexpired terms. 

The true rule of construction would be, as I think, 
that every provision in this paragraph, not positively 
inconsistent with the clause authorizing the General 
Assembly to provide by law for filling unexpired terms, 
is intended to apply to the case of special elections. 
There is the same necessity for all these provisions in 
one ease as in the other, and I can see no reason for 
them in the case of a general election that does not 
apply equally to special elections. 

In this way only can all parts of the Constitution be 
made to stand. 

The paragraph I have quoted, requires the returns 
of every election to be transmitted to the Senate, on the 
next day after the organization of the two Houses. 
The two Houses are organized twice in every four 
years — once with the incoming regularly elected Gov- 
ernor, and once two years thereafter. A special election 
may be held and the returns transmitted to the Senate, 
&sprovic7ed by the Constitution, on the next day after 
the two Houses shall have been organized, only if the 
vacancy shall happen during the first two years of the 
quadrennial term. Here is a solemn provision of the 
Constitution. What right has any one to say that it is 
to be ignored, especially in a case in which it can be 
obeyed to the letter, and the power to provide by law 
for filling unexpired terms still exists. 

True the power will be much restricted, as it will be 
confined only to such unexpired terms as happen 
within the first two years of the quadrennial term. But 



WEDNESDAY, NOVEMBER 22, 1871. 187 

if the Constitution can be obeyed in no other way, the 
conclusion is irresistible that such was the intention of 
the framers of that instrument. 

A brief sketch of the history of this clause for filling 
unexpired terms will indicate that this was the proba- 
ble meaning of those who introduced it. 

The Gubernatorial term had long been but two years. 
The mode of making the returns, declaring the residt, 
etc., was a part of the old Constitution, and was in 
harmony with the term of office prescribed. It har- 
monized with the election and meeting and organiza- 
tion of the General Assembly Under previous Con- 
stitutions there was no power to provide by lav/ for 
filling unexpired terms by a special election. The 
term being but tw o years, it was not thought necessary 
to have an election in case of a vacancy - 

The Constitution of 1868 extended the term to four 
years, and this clause was added, no change being 
made in the mode of transmitting and opening the re- 
turns, for the simple reason that it was not intended 
there should be a special election unless the vacancy 
occurred within the first two years of the quadrennial 
term, so that the returns could be transmitted to the 
Senate on the next day after the organization of the 
two Houses, elected at the end of two years from the 
commencement of the quadrennial term. 

There was, too, an obvious propriety in having this 
limitation of the power granted to stand. For whilst 
there was great reason for having a special election by 
the people, if the vacancy occurred during the first two 
years, there was but little reason for it if the vacancy 
occurred during the last two. Besides, in one case the 
vacancy could be filled, tile returns opened, the result 
declared, and the Governor elect inaugurated at the 
meeting of the General Assembly at the regular term, 
whilst in the other case a special session of the Legis- 
lature, with all its attendant expenses, would be neces- 
sary. 

This brings me to an objection to the bill based upon 



18S JOURNAL OF THE HOUSE. 

tlie great expense necessary for its execution. The 
regular election for a Governor occurs under the Con- 
stitution on the Tuesday after the first Monday in No- 
vember next, less than a year from the time fixed by 
this bill for the election. 

Should the election contemplated by this bill take 
place, the returns can hardly be made before the first 
da}* of January, 1872, which leaves only about ten 
months for the Governor to be elected to serve. 

It does not become me to say that the duties of the 
office can be as well performed by the present incum- 
bent, but it cannot escape the reflection of any man, 
that the expense of the election, and more especially 
the expense of a special session of the Legislature to 
receive the returns, declare the result and inaugurate 
the new Governor, Avill be a large item and ought only 
to be incurred for some very necessary and pressing 
exigency 

Should the present session be protracted till that 
time, it cannot be done at a less expense than one 
hundred thousand dollars, and should it adjourn to 
meet again, say by the second Monday in January, 
the expenses of mileage and pay of members and offi- 
cers for the extra session cannot be less than one 
hundred and fifty thousand dollars, if the extra session 
continue only for a few days, which is not at all 
•probable. 

To incur so great an expense in the present embar- 
rassed condition of the finances of the State, for the 
single purpose of changing, for a few months, the 
incumbent of the Executive chair, might, it is true, 
under some circumstances, be a public necessity, but 
I may be pardoned for saying that, in my judgment, 
such a necessity does not now exist. 

In looking more closely into the bill under consider- 
ation, I perceive that it is based entirely upon the idea 
I have endeavored to combat. It takes for granted 
that the detailed provisions of the Constitution for 
making, transmitting, opening and counting the re- 



WEDNESDAY, NOVEMBER 22, 1871. 189 

turns, etc., do not apply to special elections, and the 
bill, therefore, purports to provide for said details by 
enacting that such proceedings shall be had as is pro- 
vided in article four, section one, paragraph three of 
the Constitution in case of a regular election for 
Governor. 

I assume that this provision would not have been 
in the bill, unless the General Assembly was fully 
satisfied that these provisions of the Constitution did 
not apply to the case of a special election, and that, 
without a special adoption or re-enactment of them for 
a special election, there would be no law at all to 
provide for the case. I present for your consideration 
another objection to the bill presented for my signature. 

By some strange mistake, only noticed by myself 
since the body of this message was written, and there- 
fore to late to call attention to it in time for its remedy, 
it will be seen that the reference in the bill is to article 
four, section one, paragraph three of the Constitution. 
That paragraph provides not for making, transmitting 
and opening the returns and declaring the result, but 
fixes lolio shall be ineligible to the office. If this bill 
were to be signed by me, the anomalous case would 
present itself of a law to elect a Governor with no 
provision for a tribunal to open the returns, declare 
the result, and announce the same. 

Should article four, section one, paragraph Moo of 
the Constitution apply to the case, the law would be 
that the returns are to be transmitted to the Senate on 
the day after the lioo Houses shall have been organized. 
This it is impossible to do, as the two Houses cannot 
be organized until after the Tuesday after the first 
Monday in November 1872, at which time the regular 
quadrennial election for Governor takes place. 

For these reasons I refuse to sanction the bill and 
respectfully return it. 

Benjamin Copley, Governor 

Mr. McMillan moved to pass the bill referred to in 
the foregoing message, by a constitutional majority of 



190 



JOURNAL OF THE HOUSE. 



two-thirds, notwithstanding the veto of his Excellency 
the Governor 

Mr. Pierce called the previous question, and the call 
was not sustained. 

After some discussion, Mr. Snead called the previous 
question, and the call was sustained. 

The bill was put upon its passage, and a two-thirds 
vote being required, the Clerk proceeded to call the 
roll for taking the yeas and nays. 

Those voting in the affirmative are Messrs. — 



Anderson, Win. D. 

Anderson, Wm. P. 

Bacon, 

Baker of Pike, 

Ballanger, 

Barksdale, 

Barron. 

Berrien, 

Booth, 

Bowie, 

Brewton of Tatnall, 

Bunn, 

Busk, 

Butts, 

Carlton, 

Cato, 

Chancey, 

Ckastain, 

Clark of Richmond, 

Clark of Troup, 

Cleghorn, 

Cody, 

Collins, 

Cox, 

Craig, 

Crittenden, 

dimming, 

Davis of Newton, 

Dell, 

Edwards, 

Fain, 

Farmer, 

Field, 

Glover, 

Goldsmith, 

Goodman, 

Graham, 



Gray, 

Griffin of Twiggs, 

Guyton, 

Hall of Upson, 

Harvey, 

Heidt, 

Hendley, 

Hoge, 

Howell, 

Hooks, 

Hudson, 

Hughes, 

Hunter, 

Jenkins, 

Johnson of Clay, 

Johnson of Jefferson, 

Jones of Terrell, 

Kelly, 

Kennedy, 

Killian, 

Knowles, 

Lamkin, 

Lang, 

Mann, 

Martin, 

Mattox, 

McConnell, 

McMillan, 

McNeal, 

Meadows, 

Morris, 

Morrison, 

Murphy of Burke, 

Murphy of Harris, 

Netherland, 

Nutting, 

Palmer, 



Patillo, 

Paulk, 

Paxton, 

Payne, 

Peeples, 

Pentecost, 

Phillips, 

Pierce, 

Pou, 

Reid, 

Ronfroe, 

Richards, 

Riley, 

Roundtree, 

Russell, 

Rutherford, 

Scott, 

Sellers, 

Simmons of Gwinnett, 

Slaton, 

Smith of Oglethorpe, 

Snead, 

Spence, 

Stovall, 

Summers, 

Summerlin, 

Tarver, 

Trammell, 

Watters. 

West, 

Wilson, 

Wofford of Banks, 

Wofford of Bartow, 

Wood, 

Woodward, 

Wynn. 



WEDNESDAY, NOVEMBER 22, 1871. 191 



Those voting in the negative are Messrs. 



Allred, 

Atkinson, 

Battle, 

Blue, 

Bruton of Decatur, 

Brown, 

Campbell, 

Clower, 

Colby, 

Converse, 

Davis of Clarke, 

Dukes, 

Yeas, 110. Nays, 36. 



Emerson, 

Etheridge, 

Floyd, 

Franklin, 

Griffin of Houston, 

Hall of Meriwether, 

Head, 

Hillyer, 

Jackson, 

Jones of Macon, 

Lewis, 

Mansfield, 



McWhorter, 

Moreland, 

Oliver, 

O'Neal, 

Putney, 

Richardson, 

Sargent, 

Simmons of Hall, 

Simmons of Houston, 

Smith of Coweta, 

Whatley, 

Williams. 



So the bill was passed over the Executive veto by a 
constitutional majority of two-thirds. 

Mr. Pierce moved to transmit the bill, together with 
the action of this House thereon, immediately to the 
Senate. The motion prevailed. 

Mr. Clower gave notice that he would move, on to- 
morrow, to reconsider the action of this House in passing 
said bill. 

On motion, the rules were suspended, and the fol- 
lowing bills were introduced, and read the first time : 

By Mr. Cumming — 

A bill to endow the University of Georgia. 

Accompanying this bill was a memorial from the 
Trustees of the University of Georgia. Two hundred 
copies of the bill and memorial were ordered to be 
printed for the use of this House. 

Also, a bill to change the time of holding the Supe- 
rior Court of Richmondgcounty. 

By Mr. Nutting— 

A bill to amend the usury laAvs of this State. 

By Mr. Jones of Macon — 

A bill to provide for the payment of taxes due by 
employees. 

On motion of Mr. Hall of Upson, the rules were 



192 JOURNAL OF THE HOUSE. 

suspended, and the Senate resolution for the appoint- 
ment of a joint committee to take an inventory of the 
articles of household and kitchen furniture in the 
Executive Mansion, was taken up, concurred in, and 
ordered to be transmitted at once to the Senate. 

Messrs. Hall of Upson, Rutherford, and Murphy of 
Harris were appointed as said committee from the 
House. 

Mr. McMillan moved to suspend the rules for the 
purpose of taking up a resolution providing that the 
joint Finance Committee make inquiry in reference to 
certain bonds in the office of the Secretary of State, 
said to be for the benefit of the school fund. 

The rules were suspended, and the resolution agreed 
to. 

On motion of Mr. Johnson of Jefferson, the rules 
were suspended, and a joint resolution, offered by Mr. 
Hoge, memorializing Congress to refund the tax col- 
lected on raw cotton, under the revenue laws, was 
taken up and agreed to. 

Mr. Craig offered a resolution tendering the use of 
this Hall, on Saturday night next, to Mr. H. M. Lav, 
of Savannah, fo the purpose of delivering a lecture on 
temperance. 

On motion of Mr. Bacon, the rules were suspended, 
and a joint resolution in reference to the lending of the 
credit of this State to railroad companies, and the issu- 
ing of bonds for that purpose, was read and made the 
special order for Monday, 27th instant. 

The rules were suspended, and the Senate bill to 
change the county site of Clarke county from AVat- 
kinsville to Athens, was read the third time and passed. 

Leave of absence was granted to Messrs. Murphy of 
Burke, Hunter, Hendley, Heidt, Dell, Putney, and 
Jones of Gwinnett. 

The hour of one o'clock p. m. arrived, and the 
Speaker declared the House adjourned until 9 o'clock 
a. m. to-morrow- 



THURSDAY, NOVEMBER 23, 1871. 193 

Atlanta, Georgia, 
Thursday, November 23, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
the Rev Mr. Jones. 

The Journal of yesterday was read and approved. 

Mr. Clower moved to reconsider so much of the Jour- 
nal of yesterday as relates to the passage of the elec- 
tion bill over the Governor' s veto. 

Mr. Lang made the point of order that a motion to 
reconsider a passed bill, after the bill had been trans- 
mitted to the Senate, could not be entertained. 

The Speaker ruled the point well taken. 

Mr. Farmer offered a resolution that hereafter this 
House will meet at 3 o'clock p. m., for the purpose of 
reading local House bills the second time. 

Mr. Stovall moved to strike out the word "local." 

Mr. Pierce moved to add the words, "and Senate 
bills the first and second time." 

The motion of Mr. Pierce was lost ; that of Mr. Sto- 
vall prevailed, and the resolution, as thus amended, 
agreed to. 

Leave of absence was granted Messrs. Sellers, Hooks, 
Collins, and Harvey. 

Mr. Parmer also offered a resolution that the Com- 
mittee on the Judiciary be requested to examine and 
ascertain if further legislation will be necessary to 
carry out the election for Governor, to be held on the 
third Tuesday in December next, and if so, to report a 
suitable bill. 

Mr. McMillan moved to amend by adding that the 
Committee on the Judiciary be further instructed to 
consider and report whether a bill, general in its appli- 
cation, can be framed so as to cover not only the elec- 
tion to be held in December next, but all other cases 
of special elections for Governor that may be necessary 
in future. 
13 



194 JOURNAL OF THE HOUSE. 

Mr. Farmer accepted the amendment, and the reso- 
lution, as thus amended, was agreed to. 

Mr. Crittenden offered a resolution for the observance 
of the thirtieth day of this month as a day of Thanks- 
giving, and the appointment of a joint committee to 
arrange for divine services in the Representative Hall, 
at KM o'clock a. m. on said day 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof : 

Mr Speaker : 

The Senate has passed, by a constitutional majority 
of yeas 2S, nays 14, over the veto of his Excellency the 
Governor, the following bill of the House of Represen- 
tatives, to-wit : 

A bill to provide for a special election for Governor, 
to fill the unexpired term of Rufus B. Bullock, late 
Governor, and for other purposes. 

Mr. Craig, chairman of the Enrolling Committee, 
submitted the following report : 

Mr Speaker : 

The Committee on Enrollment report as duly enrolled 
and ready for the signature of the Speaker of the House 
Representatives, the following resolution : 

Resolred by the House of Representatives, the Senate 
concurring, That the standing committees on Public 
Printing of the two Houses be, and they are hereby, 
instructed forthwith to consider and report whether 
justice to the State requires any change in the rates of 
compensation now allowed by law to the State Printer, 
and if any, what change is necessary, that such rates 
may be made reasonable and fair, and that the joint 
report of said committees be made to the two Houses, 
on Saturday' next. 

H. L. TV CiiAiGj Chairman. 



THURSDAY, NOVEMBER 23, 1871. 195 

Mr. Crittenden, chairman pro tern, of the Committee 
on Finance, submitted the following report : 

Mr SpeaJcen: 

The Committee on Finance have had under consider- 
ation the following bills, to-wit : 

An act to organize a Board eft Assessors in each 
county of this State, etc., which they recommend do 
not pass. 

Also, sundry bills entitled acts to authorize Tax 
Collectors to pay over the State taxes to the Ordinary 
of Butts county, Cherokee county, Dawson county and 
Cobb county, to aid in public buildings, which they 
recommend do not pass. 

Also, a bill entitled an act to appropriate certain 
moneys for the compensation and reimbursement of 
Samuel Weil, Esq., Foreign Commissioner of Immi- 
gration, which they recommend do not pass. 

R. F Chittenden, 
Chairman pro tern. Finance Committee. 

Mr. Hall of Upson, chairman of the Committee on 
Internal Improvements, submitted the following report: 

Mr. Speaker: 

The Committee on Internal Improvements have had 
under consideration a bill to be entitled an act to 
amend an act incorporating the Great Western Canal 
Company, and recommend its passage. 

Hall of Upson, Chairman. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr Speaker: 

I am directed by his Excellency the Grovernor to de- 
liver to the House of Representatives a communica- 
tion in writing, with accompanying document. 

The message was not taken up. 



196 JOURNAL OF THE HOUSE. 

Mr. Crittenden, chairman pro tern, of the Committee- 
on Finance, submitted the following report: 

Mr Speaker : 

The Committee on Finance, to whom was referred a 
bill entitled an act to increase the pay of grand and 
petit jurors in Decatur county, have considered the 
same, and recommend it do pass. 

Also, a bill entitled an act to establish a lien in favor 
of physicians and school teachers ; recommend it do not 
pass. 

Also, a bill entitled an act to repeal an act to author- 
ize payment of cost to officers of Bartow county ; recom- 
mend it do pass. 

Also, a bill entitled an act to increase the pay of 
jurors in Troup county ; recommend it do pass. 

Also, a bill entitled an act to increase the pay of 
jurors in Cobb county ; recommend that it do pass. 

R. Ceittenden, 
Chairman pro tern. Finance Committee. 

The Committee on Petitions and Memorials, to whom 
was referred a certain petition of John A. Jones, of Polk 
county, report : 

Mr Speaker : 

The petioner asks an appropriation of money to save 
him harmless against a payment for lands made by 
him in the year 1857, and the grant of which lands he 
afterward failed, upon application, to procure from 
the State. 

The facts are defectively stated. The committee can- 
not supply facts by conjecture. As the petition stands, 
they recommend that it be not granted. 

Gaknett McMillax, Chairman. 

Mr. Crittenden, chairman pro tern, of the Committee 
on Finance, submitted the following report : 

Mr Speaker 
The Committee on Finance, to whom was referred 



THURSDAY, NOVEMBER 23, 1871. 197 

sundry bills relating to per deim and mileage of mem- 
bers and officers of this General Assembly, have bad 
the bills nnder consideration, and offer a substitute for 
the wbole. 

Also, a bill entitled an act to authorize W C. Jones, 
a maimed and indigent soldier of Meriwether county, 
to peddle without paying for license, respectfully re- 
turn the same, and offer a substitute that shall be gen- 
eral in its operation. 

Also, a memorial of the agent of the American Bible 
Society, asking for $1,000, which they recommend do 
not pass. 

R. F Ceittekden, 
Chairman pro tern. Finance Committee. 

Mr. Craig, Chairman of the Committee on Enroll- 
ment, submitted the following report : 

Mr Speaker: 

The Committee on Enrollment, report as duly en- 
rolled and ready for the signature of the Speaker of 
the House of Representatives, the following bills, to- 
wit: 

A bill to change the time of holding the Superior 
Courts in the counties of Columbia and McDuffie, in 
the State of Georgia. 

Also, a bill to incorporate the Van Wert Slate Min- 
ing Company, and for other purposes. 

Also, a bill to incorporate the Excelsior Slate Min- 
ing Company of the county of Polk, and for other 
purposes. 

H. L. W Ckaig, 
Chairman Enrolling Committee. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr. Speaker: 
The Senate has passed the following bills : 



198 JOURNAL OP THE HOUSE. 

A bill to incorporate the Oglethorpe Fertilizing Com- 
pany, and for other purposes. 

Also, a bill to amend sections 1035 and 1038 of the 
Code of Georgia. 

Mr. Jackson, chairman of the Committee on Educa- 
tion, submitted the following report, to- wit : 

Mr Speaker : 

The Committee on Education recommend that the 
petition of William Russell and Jordan Rowland, in 
reference to compensation for services performed in 
teaching poor children, be laid on the table. 

The committee further recommend the adoption of 
the following resolution : 



'O 



Whereas, The amount standing to the credit of the 
Educational Fund, according to the reports of the State 
Board of Education, and of the State School Commis- 
sioner, is six hundred and sixty-three thousand two 
hundred and eighty-two dollars and ninety eight cents ; 

And whereas, This entire sum, under the direction 
of the last General Assembly, has been drawn out of 
the Treasury of the State, and appropriated to other 
purposes ; 

And whereas, Under act approved July 28, 1870, the 
Governor is required to deposit with the Treasurer, 
bonds of this State, bearing seven per cent, sufficient in 
number to secure the Educational Fund ; therefore 

Be it resolved, That the Executive Department, 
deposit with the Treasurer of this State, forthwith, 
seven per cent, bonds of this State, sufficient to secure 
the said Educational Fund, and report forthwith his 
action to this General Assembly 

Resolved further, That none of the bonds so to be 
deposited as aforesaid, be disposed of until the manner 
and mode of disposition, be declared by the final action 
of this General Assembly, upon the subject of public 
schools. 



THURSDAY, NOVEMBER 23, 1871. 199 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has passed the following bills : 

A bill to impose certain duties and confer certain 
powers on the Ordinary of Union county 

Also, a bill to provide the mode of adjudicating the 
rights of parties under the homestead act. 

Also, a bill to incorporate the town of Luthersville, 
and for other purposes. 

Also, a bill to fix the compensation of jurors in the 
county of Decatur. 

Also, a bill to authorize the Ordinary of Cherokee 
county to issue bonds to build a court-house. 

Also, a bill to alter, change and amend an act to in- 
corporate the town of Decatur. 

Also, a bill to provide the time of holding the Su- 
perior Courts of the Eastern Judicial Circuit. 

Also, a bill to protect the people of Georgia against 
the illegal issue of bonds. 

Also, a bill to abolish the offices of the Western & 
Atlantic Railroad. 

Also, a bill to require the Judges of the Superior 
Courts to give in special charge sections 4489, 4490 and 
4491 of the Code of Georgia. 

Also, a bill to repeal section 121 of the Code of 
Georgia. 

Also, a bill to amend section 4251 of the Code. 

Also, a bill to grant to the Savannah, Skidaway & 
Seaboard Railroad Company the right to construct a 
railroad through Abercon street. 

Also, a bill to provide the times of holding the Su- 
perior Courts of the Flint Circuit. 

Also, a bill to make slander a criminal offense. 

Mr. Hoge, chairman of the Committee on the Judi- 
ciary, submitted the following report : 

My. Speaker: 

The Committee on the Judiciary, to whom was refer- 



200 JOURNAL OF THE HOUSE. 

red a resolution touching the admissibility of evidence 
in contested elections to seats in the General Assem- 
bly, instructs me to report : 

That the evidence which was received by the Com- 
mittee on Privileges and Elections, in the contested 
election case from Spalding county, directly from the 
grand jurors, who examined the ballots, which were 
charged to be illegal, as to the party for whom said 
ballots were cast, was admissible under the facts in 
this case, and the Constitution and laws of Georgia, 
then and now in force. 

E. F Hoge, Chairman. 

Mr. Hoge, chairman of the Committee on the Judi- 
ciary, submitted the following report : 

Mr Speaker: 

The Committee on the Judiciary have had under 
consideration a bill to be entitled an act to authorize 
the reception of depositions during the vacation of the 
courts, from post-masters and others, and recommend 
that it do not pass. 

Also, a bill to be entitled an act to prescribe the 
manner in which official bonds and bonds in legal pro- 
ceedings shall be taken and approved by Clerks, Sher- 
iffs, Ordinaries, and other officers in this State, the 
committee recommend do not pass. 

Also, a bill to authorize the Clerks of the Superior 
Courts of the counties of Lowndes, Coffee, Echols, 
Clinch, and Ware, to issue writs that shall bear test 
in the names of J. R. Alexander and William M. Ses- 
sions, Judges of the Southern and Brunswick Circuits, 
respectively, the committee recommend do pass. 

Also, a bill to be entitled an act to empower the 
Judges of the Superior Courts of this State to appoint 
auditors in cases pending at law, the committee recom- 
mend do pass. 

Also, a bill to be entitled an act to change the time 
of holding the Superior Courts in the counties of Elbert 
and Hart, the committee recommend do pass. 



THURSDAY, NOVEMBER 23, 1871. 201 

Also, a bill to be entitled an act to change the time 
•of holding the Superior Courts of Camden county, the 
committee have considered, and to it an amendment is 
proposed; and with this amendment the committee 
recommend that the bill do pass. 

The committee ha/ve also had under consideration a 
bill to be entitled an act to repeal the usury laws of 
this State, and to fix the rate of interest in cases where 
contracting parties do not fix the rate thereof in writing ' 
and I am instructed to report it back to the House, with 
the recommendation that it do pass. 

E. F Hoge, Chairman. 

Mr. Hoge explained that the foregoing report had 
been made by him, as instructed by the committee, but 
that himself and others, a minority of said committee, 
did not agree with a majority thereof, so far as the 
Spalding county contested election, and the bill to 
amend the usury laws of this State are concerned. 

The House took up the Spalding county contested 
election case, which had been the special order for 
Tuesday, 21st inst. 

The report of the Committee on Privileges and Elec- 
tions recommended that the contestant, David H. John- 
son, be declared entitled to the seat in this House as 
Representative from said county, and that he be sworn 
in as such. 

Mr. McMillan offered, as a substitute for the report 
of the committee, a resolution declaring there had been 
no election in said county, and providing that a new 
election be ordered. 

Mr. Bush called the previous question, and the call 
was not sustained. • 

After some discussion, Mr. Hudson called the previ- 
ous questions, and the call was sustained. 

The resolution of Mr. McMillan was lost. 

The question recurring upon agreeing to the report 
of the Committee on Privileges and Elections, Mr. 
Chancey called for the yeas and nays, and the call was 
sustained. 



202 



JOURNAL OF THE HOUSE. 



Those voting 


in the affirmative are Messrs. — 


Allred, 


Glover, 


Palmer, 


Anderson, Wra. D. 


Goodman, 


Patillo, 


Anderson, Wm. P 


Graham, 


Paxton, 


Bacon, 


Gray, 


Payne, 


Baker of Pike, 


Griffin of Twiggs, 


Peoples, 


Ballanger, 


Hancock, 


Pentecost, 


Barksdale, 


Head, 


Pierce, 


Barron, 


Howell, 


Reid, 


Beaseley, 


Hooks, 


Renfroe, 


Berrien, 


Hudson, 


Richards, 


Bowie, 


Hughes, 


Riley, 


Brown, 


Jackson, 


Roundtree, 


Bunn, 


Jenkins, 


Russell, 


Bush, 


Johnson of Clay, 


Rutherford, 


Carlton, 


Johnson of Jefferson, 


, Scott, 


Chancey, 


Jones of Gwinnett, 


Sellers, 


Chastain, 


Jones of Hart, 


Simmons of Hall, 


Clark of Richmond, 


Jones of Terrell, 


Slaton, 


Cleghom, 


Kelly, 


Smith of Oglethorpe, 


Cody, 


Killian, 


Snead, 


Collins, 


Knowles, 


Spence, 


Cox, 


Lamkin, 


Stovall, 


Craig, 


Lang, 


Summerlin, 


Crittenden, 


Mann, 


Tarver, 


Gumming, 


Martin, 


Trammel], 


Davis of Newton, 


Mattox, 


Watters, 


Edwards, 


McConnell, 


West, 


Emerson, 


McNeal, 


Whatley, 


Etheridge, 


Meadows, 


Wofford of Bartow, 


Fain, 


Morrison, 


Wood, 


Farmer, 


Murphy of Harris, 


Woodward, 


Field, 


Netherland, 


Wynn. 


Franklin, 






Those VOting- 


in the negative are 


Messrs. — 


Atkinson, 


Dukes, 


Mansfield, 


Battle, 


Floyd, 


McMillan, 


Blue, 


Goldsmith, 


McWhorter, 


Braddy, 


Hall of Meriwether, 


Oliver, 


Brawner, 


Hall of Upson, 


O'Neal, 


Bryan, 


Hillyer, 


Pou, 


Campbell, 


Hoge, 


Richardson, 


Clower, 


Hunter, 


Simmons of Gwinnett, 


Colby, 


Jones of Macon, 


Simmons of Houston, 


Converse, 


Kennedj r , 


Smith of Coweta, 


Davis of Clarke, 


Lewis, 


Wofford of Banks. 


Yeas, 97. Nays 







THURSDAY, NOVEMBER 23, 1871. 203 
So the report of the committee was adopted. 

At his own request, Mr. Sargent was excused from 
voting on the question before the House. 

Mr. Hoge gave notice that he would move on to- 
morrow to reconsider the action of the House in adopt- 
ing the report of the committee. 

Mr. Hudson moved that Mr. David H. Johnson, 
being present, be now sworn in as Representative elect 
from the county of Spalding. 

Mr. McMillan made the point of order, that if Mr. 
Johnson was now sworn in, a reconsideration would be 
rendered of no avail, and that he could not therefore 
be sworn in. 

The Speaker ruled the point not well taken, and 
stated that the report of the committee having been 
adopted, Mr. Johnson would be sworn in as a matter 
of course. 

So Mr. Johnson was sworn in. 

The House took up the substitute reported by the 
Committee on Finance for the various bills to fix the 
per diem pay of the members of this G-eneral Assembly 
The substitute was read. 

Mr. Simmons of Gwinnett moved to strike out ' 'seven' ' 
and insert ' 'six dollars' ' per day as the compensation for 
members. 

Mr. McMillan moved to strike out "ten" and insert 
"seven" as the compensation of the presiding officers, 
and to strike out "seven" and insert "six" as the 
compensation of each member, and three dollars for 
every twenty miles traveled. 

On motion of Mr. W D. Anderson, the House 
resolved itself into a Committee of the Whole. 

Mr. McMillan, chairman of the Committee of the 
Whole reported progress, and asked leave to sit again r 

Mr. Cumming moved to extend the session thirty 
minutes, which motion prevailed. 

Leave was granted the Committee of the Whole to- 
sit again. 



204 JOURNAL OF THE HOUSE. 

Mr. McMillan, chairman of the Committee of the 
Whole, reported progress. 

Mr. Simmons of Ghvinnett moved that the House 
again resolve itself into a Committee of the Whole. 

The motion did not prevail. 

On motion, the session was extended ten minntes. 

Mr. Payne called the previous question on the motion 
of Mr. McMillan, and the call was not sustained. 

Mr. Pou moved to perfect the substitute by sections. 

Pending action, the hour of adjournment arrived, 
and the Speaker declared that the House would take a 
recess until 3 o'clock p m. 



Afteexoon Session, 3 o'clock pm. 

The House met pursuant to adjournment. 

The following bills were read the second time, and 
referred to the Committee on the Judiciary : 

A bill to change the law of distribution, so far as it 
affects the separate property of married women. 

A bill to amend section 3178 of Irwin's Revised Code. 

A bill to make slander or oral defamation criminal. 

A bill to alter and amend section 1640 of Irwins Re- 
vised Code. 

A bill to amend an act to carry into effect the second 
clause of the thirteenth article of the Constitution. 

A bill to prevent and make illegal the collection of 
costs in any case to which the State may be a party, 
until the final termination of the suit. 

A bill to alter and amend the several sections of 
Irwin's Revised Code, from section 2716 to section 
2730, both inclusive. 

A bill to repeal section 2349 of Irwin's Revised Code. 

A bill to extend the jurisdiction of the City Court of 
Augusta over the county of Richmond. 



THURSDAY, NOVEMBER 23, 1871. 205 

A bill to require all declarations and defenses, in 
cases at common law in the Superior Courts of this 
State, to be complete as filed at the first term, to pro- 
hibit amendments, and for other purposes. 

A bill to allow persons to make returns of their tax- 
able property to the Clerk of the Superior Court, in 
certain cases. 

A bill to prevent fraud in laying off the homestead 
and exemption of personalty under the Constitution, 
and to make the same a misdemeanor. 

A bill to alter and amend section 689 of Irwin's Re- 
vised Code. 

A bill to alter and amend section 2850 of Irwin' s Re- 
vised Code. 

A bill to authorize the sale of personal property at 
any place within the limits of Milton county. 

A bill to alter and amend the several acts incorpo- 
rating the city of Milledgeville. 

A bill to amend the laws in relation to dower. 

A bill to restrict the operation of the several sections 
of the Code, from section 2333 to 2346, both inclusive, 
in the counties of Hart and Habersham. 

A bill to alter and amend section 4476 of Irwin's Re- 
vised Code. 

A bill to enforce contracts of immigrants and labor- 
ers, and for this purpose to make their wages subject 
to garnishment, in certain cases. 

A bill to alter and amend an act to fix the compen- 
sation for taking down in writing the testimony on 
charges of felony. 

A bill to authorize parties in certain cases to file bills 
of exceptions. 

A bill to amend the road laws of this State, so far as 
they relate to the county of Lumpkin. 

A bill to authorize Sheriffs and other levying offi- 
cers to collect advertising fees and costs of keeping 
property, before accepting affidavits of illegality or 
claims. 



206 JOURNAL OF THE HOUSE. 

A bill to change the seventh paragraph of section 
1711 of Irwin's Eevised Code. 

A bill to require the Tax Collector of the county of 
Meriwether to have his office at the court-house of 
said county 

A bill to prevent the sale of spirituous liquors within 
a mile of Clement' s Institute. 

A bill to amend an act to secure the proceeds, profits 
or rents arising from homesteads, and for other pur- 
poses. 

A bill to organize a new judicial circuit. 

A bill to declare of whom juries shall be composed, 
in certain cases. 

A bill to alter and fix the pay of grand and traverse 
jurors, and bailiffs of the Superior Court of the county 
of Terrell. 

A bill to amend an act assented to October 6, 1868. 

A bill to authorize the revision of the jury box in the 
county of Twiggs. 

A bill for the relief of William Gibson and Lewis 
DeLoach. 

A bill to change the time of holding the Superior 
Courts in the Flint Judicial Circuit. 

A bill to change the time of holding the Superior 
Courts in the county of Worth. 

A bill more effectually to protect religious worship 
in the State of Georgia. 

A bill to amend the laws in relation to the punish- 
ment of capital offenses. 

A bill to require defendants to pay the costs in cer- 
tain cases, before filing affidavits of illegality 

A bill to abolish the District Courts of this State. 

A bill to organize a Criminal Court in each county of 
this State. 

A bill to amend section 4420 of the Code of Georgia. 

A bill to authorize persons who have purchased real 
estate in Rabun county, to have their deeds recorded 
within twelve months from the passage of this act. 



THURSDAY, NOVEMBER 23, 1871. 207 

A bill to render certain slanders penal, and provide 
for the punishment of the same. 

A bill to repeal an act to create a Board of Commis- 
sioners of Roads and Revenue, in the county of Rich- 
mond. 

A bill to authorize Jonathan Ross, of Schley county, 
to settle with his ward, Sterling Gr. Carter, a minor. 

The following bills were read the second time and 
referred to the Committee on Finance : 

A bill to require the Tax Collector of the county of 
Ware, to receive county scrip for taxes due the county 

A bill to establish an annuity for certain persons 
therein designated. 

A bill to authorize the Ordinary of Randolph county 
to issue bonds of said county for the building of a 
court-house, etc. 

A bill to authorize the corporate authorities of the 
city of Dalton to issue bonds for educational purposes. 

A bill to appropriate one hundred and fifty-seven 
dollars and thirty -five cents, to be refunded to Charles 
Latimer, for tax erroneously collected from him. 

A bill to relieve Mary A. Edmondson from taxation. 

A bill to provide for the payment of a portion of the 
fund raised for school purposes to the city of Columbus. 

A bill to regulate the pay of grand and petit jurors 
of Paulding county. 

A bill to ascertain the amount of insolvent criminal 
costs yet due and unpaid to the officers of the County 
Court, and to pay the same. 

A bill for the relief of Ceorge C. Edwards, former 
Tax Collector of Lee county 

A bill to authorize the Mayor and Council of La- 
Gfrange, to issue bonds to aid in building railroads, and 
for other purposes. 

A bill to compensate grand and petit jurors in the 
county of Sumter. 



2()S JOURNAL OF THE HOUSE. 

The following bills were read the second time and 
referred to the Committee on New Counties and County 
Lines : 

A bill to change the boundary line between the 
counties of Bartow and Polk. 

A bill to repeal an act to change the county site of 
Telfair county to a point on the Macon & Brunswick 
Railroad. 

The following bills were read the second time and 
ordered to be engrossed : 

A bill to compensate the Clerks and Sheriffs of the 
Superior Court, and other officers for services rendered 
in the District Court of Richmond county 

A bill to authorize the Tax Collector of Madison 
county to receive certain jury certificates in payment 
of all taxes due said county 

A bill to create a Board of Commissioners for the 
county of Liberty 

A bill to exempt practicing physicians from jury 
duty 

The following bills were read the second time and 
referred to the Committee on Banks : 

A bill to incorporate the Merchants' & Mechanics' 
Savings Bank of Columbus, Georgia. 

A bill to incorporate the Georgia Industrial Agency,. 
and for other purposes. 

The following bills were read the second time and 
committed : 

A bill to exempt practicing physicians from service 
as jurors in the Courts of this State. 

A bill to amend an act to confer additional powers- 
on the Mayor and Council of the city of LaGrange, 
and for other purposes. 

A bill to provide for the payment of grand and petit 
jurors of the county of Fayette. 



THURSDAY, NOVEMBER 23, 1871. 209 

The following bills were read the second time and 
referred to the Committee on Agriculture and Manu- 
factures. 

A bill to make it criminal to hunt upon the lands of 
another, without the consent of the owner. 

A bill to create a Board of Commissioners of Roads 
and Revenue. 

A bill to prevent the sale of farm products between 
the hours of sunset and sunrise, in the counties of Rich- 
mond and Burke. 

A bill to alter and amend section 1977 of the Code 
of Georgia. 

A bill to organize a State Board of Agriculture. 

A bill to regulate the lost time of laborers. 

A bill to prevent parties from driving or carrying 
away stock from their own ranges. 

A bill to provide for the ditching and draining of 
lands under certain circumstances. 

A bill to establish a system for working the public 
roads. 

The following bills were read the second time and 
referred to the Committee on Corporations : 

A bill to incorporate the town of Resaca, and for 
other purposes. 

A bill to authorize the corporate authorities of the 
city of Dalton, to purchase and donate lands to the 
Selma, Rome & Dalton Railroad Company. 

A bill to incorporate the town of Tilton, in the 
county of Whitfield. 

A bill to prevent any person from hounding or kill- 
ing deer in the counties of Talbot, Marion and Taylor, 
in the months of May, June, July and August. 

A bill to change the county site of Clarke county, 
from Watkinsville to Athens. 

A bill to appoint a Board of Commissioners for 
Meriwether county 

A bill to amend an act incorporating the town of 
Morgan, in the county of Calhoun. 
14 



210 JOURNAL OF THE HOUSE. 

A bill to amend an act to alter and amend the char- 
ter of the city of Columbus, approved March 8, 1866. 

A bill to incorporate the town of Rutledge. 

A bill to authorize the citizens of Thomasville to 
•elect certain officers. 

A bill to amend the several acts, consolidated and 
approved February 9, 1869, incorporating the town 
of Lumpkin, in Stewart county 

A bill to incorporate the town of Leeton. 

The following bills were read the second time and 
referred to the Committee on Education : 

A bill to incorporate an Agricultural Land Grant 
Board, and dispose of the Agricultural College lands 
and scrip, and to appropriate the proceeds of the same 
to the North Georgia and Central Georgia Agricultural 
Colleges. 

A bill to amend an act to establish a system of pub- 
lic instruction, so far as the same relates to the county 
of Lumpkin. 

The following bills were read the second time and 
referred to the Committee on Internal Improvements: 

A bill to protect the credit of this State in lending 
■aid to railroads. 

A bill to authorize Calloway Campbell, of Murray 
county, to erect a mill-dam across the Connasauga 
river, on his own land. 

A bill to regulate the system of farming out the Peni- 
tentiary convicts, and for other purposes, was read the 
second time and referred to the Committee on the Peni- 
tentiary 

A bill to prescribe the manner in which lunatics, 
idiots, insane and imbecile persons may be committed 
to the Lunatic Asylum of this State, was read the 
second time and referred to the Committee on the Lu- 
natic Asylum. 

L-av,' of absence was granted to Messrs. Johnson of 



FRIDAY, NOVEMBER 24, 1871. 211 

Clay, Cloud, Tarver, Pou, Roundtree, Bruton of De- 
catur, and Griffin of Twiggs ; also, to Messrs. Patillo, 
Hooks, Richards, and Goodman, sub -committee from 
the Committee on the Blind Asylum, to visit the same, 
in the city of Macon. 

On motion, the House adjourned until 9| o'clock a. 
3r. to-morrow. 



Atlanta, Georgia, 
Friday, November 24, 1871. 

The House met pursuant to adjournment, was called 
io order by the Speaker, and opened with prayer by 
the Chaplain. 

The Journal of yesterday was read and approved. 

Mr. McMillan moved to reconsider so much of the 
Journal of yesterday as relates to the reference of a 
bill to incorporate an Agricultural Land Grant Board 
to the Committee on Education. 

The motion prevailed, and the bill was taken up and 
ordered to be engrossed. 

On motion of Mr. Jackson, the rules were suspended, 
and a resolution requesting Messrs. C. L. Redwine, C. 
C. Hammock, and E. E. Rawson, having in charge the 
books and papers of the Western & Atlantic Railroad, 
to report to this House, was taken up and agreed to. 

Mr. Simmons of Gwinnett moved that the rules be 
suspended for the purpose of reading the first time 
the Senate bill to alter and amend sections 1035 and 
1038 of the Revised Code, and for other purposes. 

The motion prevailed, and the bill was read the first 
time. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 
The Senate has agreed to the following resolution, in 



212 JOURNAL OF THE HOUSE. 

which they ask the concurrence of the House of Rep- 
resentatives, to-wit : 

A resolution in relation to the adjournment of this 
General Assembly, and I am directed to transmit the 
same forthwith to the House of Representatives. 

The House took up the unfinished business of yes- 
terday, the same being the substitute reported by the 
Committee on Finance for the various bills to regulate 
the pay of the officers and members of this General 
Assembly- 
Mr. Goldsmith called the previous question on the 
motion of Mr. McMillan, which was to strike out 
"ten" and insert "seven" dollars per day as the 
compensation of the presiding officers, and to strike 
out "seven" and insert "six" as the compensation 
of each member, and to strike out "live" and insert 
"three" dollars for every twenty miles traveled. 

Mr. Bush made the point of order that the amend- 
ment offered by Mr. Simmons of Gwinnett, fixing the 
compensation of the presiding officers at nine dollars 
per pay, was first in order, it being the largest sum 
mentioned. 
The Speaker ruled the point not well taken. 
Mr. Stovall moved to lay the whole matter on the 
table, which motion did not prevail. 

Mr. Bacon renewed the point of order made by Mr. 
Bush. 

The Speaker ruled the point not well taken, because 
the rule providing that the largest sum mentioned 
should be first put to the House must be construed so 
as to give force to all parts of the same, and that the 
largest sum mentioned could not be put first, unless 
incorporated in the last motion to amend, which, un- 
der the rule, must be put first ; also, that the rule re- 
lating to the putting of the largest sum named first 
referred to the filling of blanks. 

The question being upon the motion of Mr. McMli- 



FRIDAY, NOVEMBER 24, 1871. 



213 



Ian, as to striking out "ten" and inserting "seven," 
Mr. W D. Anderson called for a division of the ques- 
tion. 

The question was divided, and the motion to strike 
out lost. 

The question being upon the motion to strike out 
"seven" and insert "six," Mr. Jackson called for the 
yeas and nays, and the call was sustained. 

Mr. Cumming asked for a division of the question. 

Mr. McMillan made the point of order that the pre- 
vious question having been ordered, and the call for 
the yeas and nays sustained, it was too late to divide 
the question. 

The Speaker ruled that a division of the question 
was always in order. 

So the vote was taken upon the motion to strike out 



"seven." 








Those voting 


in the affirmative are Messrs. — 


Allred, 




Glover, 


Murphy of Harris, 


Anderson, Wm. 


D. 


Goldsmith, 


Netherland, 


Anderson, Win. 


P. 


Goodman, 


Palmer, 


Baker of Pike, 




Gray, 


Paulk, 


Ballanger, 




Hancock, 


Paxton, 


Barron, 




Head, 


Payne, 


Beaseley, 




Hillyer, 


Pentecost, 


Bell, 




Howell, 


Reid, 


Booth, 




Hudson, 


Renfroe, 


Bowie, 




Hughes, 


Riley, 


Braddy, 




Hunter, 


Russell, 


Bryan, 




Jackson, 


Sargent, 


Bunn, 




Johnson of Clay, 


Scott, 


Carlton, 




Johnson of Jefferson, 


Simmons of Gwinnett, 


Ckastain, 




Johnson of Spalding, 


Simmons of Hall, 


Clark of Richmond, 


Jones of Gwinnett, 


Slaton, 


Cleghorn, 




Jones of Hart, 


Spence, 


Converse, 




Jones of Terrell, 


Summerlin, 


Crittenden, 




Kelly, 


Tarver, 


Dukes, 




Killian, 


Trammell, 


Emerson, 




Knowles, 


West, 


Fain, 




Martin, 


Wofford of Banks, 


Farmer, 




McConnell, 


Wofford of Bartow, 


Field, 




McMillan, 


Wood, 


Floyd, 




Meadows, 


Woodward, 


Flynt, 




Morris, 


Wynn. 


Franklin, 









214 



JOUKNAL OF THE HOUSE. 



Those voting in the negative are Messrs. 



Atkinson, 




Etkeridge, 


Morris, 


Bacon, 




Griffin of Houston, 


Nutting, 


Barksdale, 




Guyton, 


Oliver, 


Battle, 




Hall of Meriwether, 


O'Neal, 


Berrien, 




Hall of Upson, 


Peeples, 


Blue, 




Hoge, 


Phillips, 


Brewton of Tatnall, 


Jenkins, 


Pierce, 


Brown, 




Jones of Macon, 


Eichardson, 


Bush, 




Kennedy, 


Eutherford. 


Butts, 




Lamkin, 


Simmons of Houston, 


Campbell, 




Lang, 


Smith of Coweta, 


Cato, 




Lewis, 


Snead, 


Clower, 




Mann, 


Stovall, 


Colby, 




Mansfield, 


Summers, 


Cox, 




Mattox, 


Watters, 


Craig, 




McNeal, 


Whatley, 


Cumming, 




McWhorter, 


Williams, 


Davis of Newton, 


Moreland, 


Wilson. 


Edwards, 








Yeas, 80. 


Nays, 


54. 





So the motion to strike out prevailed. 



Mr. Bacon moved to insert "three " in lieu of "six.' r 
The Speaker ruled that the previous question having 

been ordered, the motion was out of order. 

The motion to insert "six" was then put, and pre- 
vailed. 

The motion to strike out "five" and insert "three" 
dollars for every twenty miles traveled, also prevailed. 

The question then recurred upon agreeing to the 
report of the committee. 

Mr. Clower offered an amendment, that the Treas- 
urer be authorized to pay each member nine dollars 
per day up to the time of the passage of the bill. 

The Speaker ruled the amendment out of order. 

The report of the committee was agreed to. 

The bill, as amended, was then read the third time 
and put upon its passage. 

Mr. Johnson of Spalding called for the yeas and 
nays, and the call was sustained. 



FRIDAY, NOVEMBER 24, 1871. 



215 



Those voting 


in the affirmative are Messrs. — 


Alfred, 


Glover, 


Netkerland, 


Anderson, Wm. D. 


Goldsmith, 


Nutting, 


Anderson, Win. P. 


Goodman, 


Palmer, 


Baker of Pike, 


Gray, 


Paulk, 


Ballanger, 


Griffin of Houston, 


Paxton, 


Barksdale, 


Guyton, 


Payne, 


Barron. 


Hall of Upson, 


Peeples, 


Battle, 


Hancock, 


Pentecost, 


Beaseley, 


Head, 


Phillips, 


Bell, 


Hillyer, 


Pierce, 


Blue, 


Howell, 


Reid, 


Booth, 


Hudson, 


Renfroe, 


Bowie, 


Hughes, 


Riley, 


Braddy, 


Hunter, 


Russell, 


Brewton of Tatnall, 


Jackson, 


Sargent, 


Bryan, 


Johnson of Clay, 


Scott, 


Bunn, 


Johnson of Jefferson, 


Simmons of Gwinnett, 


Bush, 


Johnson of Spalding, 


Simmons of Hall, 


Butts, 


Jones of Gwinnett, 


Simmons of Houston,, 


Carlton, 


Jones of Hart, 


Slaton, 


Cato, 


Jones of Terrell, 


Smith of Coweta, 


Chastain, 


Kelly, 


Spence, 


Clark of Richmond, 


Kennedy, 


Stovall, 


Cleghorn, 


Killian, 


Summerlin, 


Converse, 


Knowles, 


Tarver, 


Craig, 


Lamkin, 


Trammell, 


Crittenden, 


Lewis, 


West, 


Davis of Clarke, 


Mansfield, 


Williams, 


Dukes, 


Martin, 


Wilson, 


Emerson, 


McConnell, 


Wofford of Banks, 


Fain, 


McMillan, 


Wofford of Bartow f 


Farmer, 


McNeal, 


Wood, 


Field, 


Meadows, 


Woodward, 


Flynt, 


Morrison, 


Wynn. 


Franklin, 


Murphy of Harris, 




Those voting 


in the negative are 


Messrs. — 


Atkinson, 


Davis of Newton, 


McWhorter, 


Bacon, 


Edwards, 


Moreland, 


Berrien, 


Ethericlge, 


Morris, 


Brown, 


Floyd, 


Oliver, 


Campbell, 


Hall of Meriwether, 


O'Neal, 


Clower, 


Hoge, 


Snead, 


Colby, 


Jenkins, 


Summers. 


Cox, 


Lang, 


Watters. 


Cumming, 


Mann, 


Whatley. 


Yeas, 104 Nays, 27. 




So the bill was passed, as amended. 



216 JOURNAL OF THE HOUSE. 

The following message was received from the Exec- 
utive Department, through Mr. Atkinson, Secretary 
thereof, to-wit: 

Mr Speaker : 

His Excellency the Governor has approved and signed 
the following acts and resolutions, to-wit : 

An act to incorporate the Van Wert Slate Mining 
Company, and for other purposes. 

Also, an act to incorporate the Excelsior Slate Min- 
ing Company of the county of Polk, and for other 
purposes. 

Also, a resolution authorizing the appointment of a 
committee to examine and report upon a codification 
of the laws of this State, applicable to Justices of the 
Peace, prepared by S. C. McDaniel. 

Also, a resolution instructing the standing commit- 
tees on Public Printing to consider and report whether 
justice to the State requires any change in the rates of 
compensation now allowed by law to the State Printer. 

Mr. Goldsmith, chairman of the Committee on the 
Penitentiary, made the following report, to-wit : 

Mr. Speaker: 

The Committee on the Penitentiary have had under 
consideration the following joint resolution, which they 
instruct me to report to the House, with a recommen- 
dation that it do pass : 

A resolution to appoint a joint committee to wait on 
John T. Meador, of Atlanta, president of the Stone 
Mountain Granite Company, and ascertain if said com- 
pany desire to sell their property at and near Stone 
Mountain, DeKalb county, with the view of moving 
the Penitentiary from its present site to Stone Moun- 
tain. W L. Goldsmith, 

Chairman. 



FRIDAY, NOVEMBER 24, 1871. 217 

Mr. Cumming, chairman of the Committee on Banks, 
made the following reports, to-wit : 

Mr Speaker: 

The Committee on Banks have had under considera- 
tion a bill to be entitled an act to incorporate the Com- 
mercial Bank of Albany, and recommend that said bill 
be so amended that the thirteenth section thereof shall 
read as follows, to-wit : "That the said bank shall be 
responsible to its creditors to the extent of its property, 
and the stockholders shall be ultimately liable for all 
the debts of the Bank, in proportion to the number of 
shares held by them respectively," and that when so 
amended said bill do pass. 

Joseph B. Cummikg, 
Chairman Committee on Banks. 

Mr. Speaker : 

The Committee on Banks have had under considera- 
tion a bill to be entitled an act to repeal certain sections 
of an act entitled an act to charter the Georgia Mutual 
Fire & Life Insurance Company, approved October 10, 
1870, and the several acts amendatory thereto, and 
recommend that said bill do pass. 

Joseph B. Cumming, 
Chairman Committee on Banks. 

The Clerk proceeded to call the roll of the counties 
for the introduction of new matter, when the following 
bills were introduced and read the first time : 

By Mr. O'Neal— 

A bill to prescribe who shall be jurors, in certain 
cases, in Baldwin county. 

Also, a bill to regulate labor in the county of Bal- 
win. 

By Mr, Gray— 

A bill to amend an act to incorporate the town of 
Adairsville. 



218 JOURNAL OF THE HOUSE. 

Also, a bill to prevent any city, town or village from 
imposing a tax on land held for agricultural purposes 
in the corporate limits of the same. 

Also, a bill to require Tax Receivers to take with tax 
returns, number of acres of land cultivated in differ- 
ent cereals. 

By Mr. Wofford of Banks— 

A bill to reduce the bond of the Sheriff of Banks 
county 

Also, a bill to authorize the Tax Collector of Banks 
county to receive jury cetificates for county tax. 

By Mr. Peeples — 

A bill to repeal certain sections of the Code therein 
named. 

Also, a bill to amend the homestead laws of this 
State. 

By Mr. Nutting— 

A bill to protect the people of Georgia against the 
illegal and fraudulent issue of what are called State 
aid bonds, to the Brunswick & Albany Railroad Coin- 
pany. 

By Mr. Bacon — 

A bill to change the time of holding the Superior 
Courts of the Macon Circuit, and for other purposes. 

Also, a bill to alter and amend the road laws of this 
State, so far as relates to the county of Bibb, and to 
authorize the Ordinary to levy and collect a tax for 
road purposes. 

Also, a bill to legalize the county tax levied by the 
Ordinary of Dougherty county, for the year 1871. 

By Mr. Hunter— 

A bill to amend an act to compel non-residents to 
pay tax on the cattle and sheep running and grazing 
in the county of Colquitt. 

Also, a resolution in relation to the Agricultural 
College Land Scrip, which was referred to the Comnit- 
tee on Agriculture and Manufactures. 

By Mr. Baker of Bryan — 



FRIDAY, NOVEMBER 24, 1871. 219 

A bill to repeal all local road laws of the county of 
Bryan. 

By Mr. Berrien — 

A bill to amend section 2532 of the Code of Georgia. 

Also, a bill relating to fences and the protection of 
crops. 

By Mr. Russell — 

A bill for the relief of Jackson, Lawton & Bassinger. 

Also, a memorial from certain citizens of Savannah, 
which, without being read, was referred to the Com- 
mittee on Finance. 

By Mr. Hillyer— 

A bill to appoint a commissioner for certain pur- 
poses. 

Also, a bill to endow the Atlanta University 

By Mr. Pentecost — 

A bill to change the name of Bowdon Collegiate 
Institute. 

Also, a bill to give the Ordinaries of the several 
counties of this State authority to issue attachments, 
and for other purposes. 

By Mr. Cleghorn — 

A bill to consolidate the Chattooga Coal & Iron and 
the Trion Railway Companies. . 

By Mr. Payne— 

A bill to change the line between the counties of 
Catoosa and Walker. 

Also, a bill to amend section 3434 of Irwin' s Revised 
Code. 

By Mr. Johnson of Clay — 

A bill to amend the charter of the town of Fort 
Gaines. 

Also, a bill to organize a county court in the county 
of Clay, and define its jurisdiction. 

By Mr. Carlton— 

A bill to amend section 650 of the Code, so far as 
relates to the county of Colquitt. 

By Mr. Rutherford— 



320 JOURNAL OF THE HOUSE. 

A bill to regulate and fix the pay of grand and trav- 
erse jurors in the county of Crawford. 

By Mr. Stovall— 

A bill to amend an act to incorporate the town of 
Thomson, in the county of Columbia, now McDuffie. 

By Mr. Goldsmith — 

A bill for the relief of William Hamby and Adaline 
Hendricks. 

Also, a bill to incorporate the Stone Mountain, Law- 
renceville & Athens Railroad Company 

Also, a bill to amend an act amendatory of an act 
to incorporate the town of New Gibraltar, in DeKalb 
county, and change the name to Stone Mountain, and 
for other purposes. 

By Mr. Franklin — 

A bill to alter and amend the wild land laws of this 
State. 

By Mr. Jackson — 

A bill to incorporate the Atlanta & Tennessee Rail- 
road Company- 
Mr. McWhorter offered a resolution in relation to 
the Messenger's duties being performed by the assist- 
ant Messenger, which was agreed to. 

Mr. Stovall offered a resolution that the Committee 
on Public Buildings examine and report on the safety 
of the capitol buildifeg, which was agreed to. 

Mr. Hoge, chairman of the Committee on the Judi- 
ciary, submitted the following report : 

Mr. Speaker: 

The Committee on the Judiciary, to whom was re- 
ferred a bill to be entitled an act to amend the charter 
of the city of Atlanta, by providing for the election of 
a Recorder and Auditor, and to prescribe their duties, 
have had the same under consideration, and recom- 
mend that it do pass. 

E. F Hoge, Chairman. 

Mr. William D. Anderson, chairman of the Com- 
mittee on Public Printing, submitted the following re- 
port : 



FRIDAY, NOVEMBER 24, 1871. 221 

Mr. Speaker: 

The Committee on Public Printing have considered 
a resolution to authorize the purchase of the public 
laws passed at the present session, and for other pur- 
poses, and recommend that it do pass as amended. 
William D. Andeksost, Chairman. 

Mr. Fain, chairman of the Committee on New Coun- 
ties and County Lines, submitted the following report : 

Mr. Speaker: 

, The Committee on New Counties and County Lines 
have had under consideration the several following 
bills, to-wit: 

A bill to be entitled an act to change the line between 
the counties of Carroll and Douglas, and to add a por- 
tion of the county of Douglas to the county of Carroll, 
and for other purposes therein named, which they 
recommend do not pass. 

A bill to be entitled an act to change the line between 
the counties of Coffee and Ware, so as to include the 
residence of Merritt Meeks, in the county of Coffee, 
which they recommend do pass. 

A bill to be entitled an act to change the county line 
between the county of Walker and the county of Dade, 
which they recommend do not pass. 

A bill to be entitled an act to change the line between 
the counties of Clay and Calhoun, which they recom- 
mend do pass as amended. 

J. C. Faijst, Chairman. 

At the,, request of the Committee on Public Printing, 
Mr. Johnson of Spalding was added to the same. 

At the request of the Committee on Agriculture and 
Manufactures, Mr. Jones of Terrell was added to the 
same. 

Leave of absence was granted Messrs. Clark of Troup, 
Troup, Etheridge, Smith of Oglethorpe, Jenkins, Cody, 
O'Neal, and Meadows. 

The House took a recess until 3 o'clock p. m. 



222 JOURNAL OF THE HOUSE. 

Afteknoon Session, 3 o'clock p. m. 

The House reassembled. 

On motion of Mr. Bryan, the rules were suspended, 
and the Clerk proceeded with the call of the counties 
for the introduction of new matter, which was unfin- 
ished this morning. 

The following bills were introduced and read the first 
time : 

By Mr. Jackson — 

A bijl to amend an act to incorporate the Grate City- 
Insurance Company, of the city of Atlanta, and to 
change its name. 

Also, a bill to extend the right of dissolving gar- 
nishments to persons other than defendants. 

Also, a bill to amend section 4026 of Irwin' s Revised 
Code. 

Also, a bill to incorporate the Atlanta & Monticello 
Narrow Gauge Railway Company 

By Mr. Hoge — 

A bill to grant relief to John Caldwell, of the county 
of Fulton, and for other purposes. 

By Mr. Pou— 

A bill to amend an act to incorporate an insurance 
company in the city of Columbus, to be called the 
Home Fire & Marine Insurance Company of Columbus, 
Georgia. 

Also, a bill to authorize the investment of trust funds 
upon certain terms and conditions. 

By Mr. Wilson— 

A bill to change the line between the counties of 
Fulton and Campbell. 

By Mr. Dell— 

A bill to create a County Board of Commissioners 
for the county of Screven, and for other purposes. 

By Mr. Jones of Hart — 

A bill to amend an act to extend the corporate limits 
of the town of Hartwell. 

Bv Mr. Fain— 



FRIDAY, NOVEMBER 24, 1871. 223 

A bill to amend section 1626 of Irwin' s Revised 
Code. 

By Mr. McWhorter — 

A bill to submit to the legal voters of Georgia, the 
question of abolishing the inclosures to farms in this 
State, and for other purposes. 

By Mr. Simmons of Gwinnett — 

A bill to incorporate the Macon & Knoxville Rail- 
road Company, and for other purposes. 

Also, a bill to allow William M. Hunnicutt, of Gwin- 
nett county, to peddle without license. 

Also, a bill to authorize the Ordinary of Gwinnett 
county, to issue bonds for the purpose of raising money 
to build a court-house. 

By Mr. Bryan — 

A resolution in relation to the appointment of Willie 
Jones as a page of this House. 

By Mr. McMillan — 

A bill to amend the laws in relation to receiving jury 
certificates in payment of county taxes in the counties 
of White and Habersham. 

By Mr. Pierce — 

A memorial from Fleming G. Grieve, which was re- 
ferred to the Committee on Finance. 

By Mr. Simmons of Hall — 

A bill to repeal an act incorporating the town of 
Gainesville, under the name and style of the city of 
Gainesville, and to incorporate the same as a town, and 
for other purposes. 

By Mr. Hancock — 

A bill to incorporate the town of Jefferson. 

By Mr. Johnson of 'Jefferson — > 

A bill to prohibit the sale and purchase in Jefferson 
county, of agricultural products after dark. 

By Mr. Griffin of Houston — 

A bill to incorporate the city of Fort Valley 

Also, a bill to change the fees of officers of court so 
far as applies to Sheriffs of this State, in the keeping 
of live stock when levied oh. 



224 JOURNAL OF THE HOUSE. 

Also, a bill to require Justices of the Peace or Judi- 
cial Notaries in each militia district, to return to the 
Receiver of Tax Returns, all persons liable to pay taxes 
in their districts. 

Also, a bill to create a Board of Commissioners of 
Roads and Revenue, in the county of Houston. 

By Mr. Phillips— 

A bill to amend an act to establish a system of public 
instruction, and for other purposes. 

By Mr. Barron — 

A bill to consolidate the offices of Sheriff and Tax 
Collector, in the county of Jones. 

Also, a bill to incorporate the town of Clinton, in the 
county of Jones. 

By Mr. Mc vYhorter— 

A resolution in relation to the introduction of new- 
matter in this House. 

By Mr. Riley— 

A bill to compel owners of wild and uncultivated 
lands in this State, to register said lands in the county 
Avhere the land lies, and for other purposes. 

By Mr. Hall of Meriwether — 

A resolution in reference to the fencing up of stock. 

By Mr. Clower— 

A bill to amend section ten of an act providing for 
setting apart a homestead. 

Also, a bill to prescribe by law for jurors in the 
county of Monroe. 

By Mr. Floyd— 

A bill prescribing who shall be jurors in certain 
cases, in the county of Morgan. 

By Mr. Howell— 

A bill to change the line between the counties of 
Forsyth and Milton, so as to include the residence of 
William I. Bell, in the county of Milton. 

Also, a bill to amend an act to incorporate the Grand 
Lodge, Knights of Jericho, of the State of Georgia, 
and for other purposes. 

By Mr. Davis of Newton — 



FRIDAY, NOVEMBER 24, 1871. 225 

A bill to authorize the Governor to pay to the Treas- 
urer of the Georgia State Agricultural Society the 
amounts due under act of December 20, 1860. 
* By Mr. Allred— 

A bill to exempt certain parties from road duty in 
the county of Pickens. 

Also, a bill to change the line between the counties 
of Pickens and Gilmer. 

Also, a bill to repeal the school law of 1870. 

By Mr. Knowles — 

A bill to regulate the levying of taxes in the county 
of Pierce for county purposes. 

Also, a bill to require the Tax Collector of Pierce 
county to receive jury certificates in payment of all 
taxes due said county - 

By Mr. Baker of Pike — 

A bill to compensate the grand and petit jurors of 
the county of Pike. 

By Mr. Hendley — 

A bill to change the line between the counties of 
Wilcox and Pulaski. 

Also, a bill to make it a misdemeanor for any per- 
son in the night time to deliver or receive the products 
of a farm in the county of Pulaski. 

By Mr. Clark of Richmond — 

A bill to amend an act entitled an act to amend an 
act passed March 13, 1869, entitled an act to am end. an 
act entitled an act to protect the planters of this State 
from imposition in the sale of fertilizers. 

By Mr. McNeal— 

A bill to make it unlawful for the Mayor and Coun- 
cil of any incorporated city or town in this State to 
levy a tax on cotton sales made in said cities or towns. 

By Mr. Crittenden — 

A bill to be entitled an act for raising a revenue and 
to appropriate money for the use of the government, 
and to make certain appropriations, and for other pur- 
poses therein mentioned. 
15 



226 JOURNAL OF THE HOUSE. 

By Mr. McNeal. 

A bill to authorize the Ordinaries of this State to 
order the sale of homestead and personalty, when an 
issue is formed in relation to the valuation thereof. , 

Also, a bill to secure the costs of the officers of court 
in the various courts of this State. 

Also, a bill to incorporate the Farmers' & Mechanics' 
Loan and Trust Company of Cuthbert. 

By Mr. dimming — 

A memorial of Catharine S. W Fleming, which, 
without being read, was referred to the Committee on 
Petitions and Memorials. 

Also, a bill to amend an act to incorporate the pro- 
prietors of the Augusta Canal, and to confirm certain 
ordinances of the City Council of Augusta, and for 
other purposes. 

Also, a bill for the relief of Catharine S. W Fleming. 

By Mr. Snead — 

A bill to promote the propagation of shad fish in the 
Savannah river, and to impose a penalty for fishing for 
said fish in said river on Sunday or Monday. 

Also, a bill to amend section 635 of the Code of 
Georgia. 

Also, a bill to amend section 4203 of the Code of 
Georgia. 

By Mr. Hillyer— 

A bill to revise the jury boxes throughout this State. 

By Mr. Scott— 

A bill to provide for the selling of horses, hogs or 
cattle that are levied on and claimed, when the levying 
officer has to keep said animals until the trial of said 
claim. 

Also, a bill to amend section 3599 of the Code of 
Georgia. 

By Mr. Lewis — - 

A bill to prescribe b}^ law for jurors in the county of 
S'L«'wart. 

13 v Mr. Jones of Terrell— 



FRIDAY, NOVEMBER 24, 1871. 227 

A bill to fix the fees of the Sheriff of Terrell county 
for keeping stock. 

By Mr. Griffin of Twiggs — 

A bill to incorporate the town of Jeffersonville. 

By Mr. Bowie — 

A bill to amend article fonr, section two of the Con- 
stitution, upon the two-third vote of the present and 
next succeeding Legislature, and ratification by the 
qualified voters of this State. 

By Mr. West— 

A bill to exempt certain maimed and disabled per- 
sons from taxation. 

By Mr. Wood of Walker— 

A resolution in relation to the indorsement of the 
bonds of the Alabama & Chattanooga Railroad. 

By Mr. Griffin of Twiggs — 

A bill to incorporate the Griswoldville & Jefferson- 
ville Railroad Company 

By Mr. Emerson — 

A bill to prevent the felling of timber in the Conna- 
sauga river and Corhulla creek. 

Also a bill to incorporate the Dalton & Southwestern 
Railroad Company - 

By Mr. Bateman — 

A bill to incorporate the town of Butler, in the 
county of Taylor. 

Mr. Hall of Upson, chairman of the Committee on 
Internal Improvements, submitted the following re- 
port, to-wit: 

Mr. Speaker: 

The Committee on Internal Improvements have had 
under consideration the following bills, and make the 
following recommendations : 

A bill to be entitled an act to incorporate the Rome 
& Raleigh Railway Company, and recommend the 
same do pass. 

Also, a bill to be entitled an act to authorize Callo- 



228 JOURNAL OF THE HOUSE. 

way Campbell to erect a mill-dam across the Conna- 
sauga river, and recommend the same do pass. 

Also, a bill to provide for the opening and clearing 
out of Cedar creek, and recommend the same do pass. 

Hall of Upson, CJiairman. 

Leave of absence was granted to Messrs. Brawner, 
Pierce, and Ormond. 

On motion of Mr. Hoge, the House adjourned until 
9 o'clock A. M. to-morrow. 



Atlanta, Georgia, 
Saturday, November 25, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev. Mr. Cox. 

The Journal of yesterday was read and approved. 

Mr. Bacon moved to reconsider so much of the Jour- 
nal of yesterday as relates to the passage of the bill to 
fix the per diem pay of the officers and members of 
this General Assembly 

Mr. W D. Anderson made the point of order, that 
a motion to reconsider could not be entertained, the 
gentleman having failed to give notice during the read- 
ing of the Journal. 

The Speaker ruled that the gentleman having given 
notice of a motion to reconsider on yesterday, had now 
the right to make the same. 

Mr. Simmons of Gwinnett, made the point of order 
that the gentleman having voted against the passage 
of the bill, could not move to reconsider. 

The Speaker ruled the point not well taken. 

Mr. Woodward called the previous question. 

The yeas and nays were called for, and the call sus- 
tained. 



SATURDAY, NOVEMBER 25, 1871. 



229 



Those voting in the affirmative are Messrs.- 



Atkinson, 


Floyd, 


McWhorter, 


Bacon, 


Flynt, 


Moreland, 


Barksdale, 


Franklin, 


Morris, 


Barron, 


Glover, 


Murphy of Harris, 


Battle, 


Griffin of Houston, 


Oliver, 


Bell, 


Guerry, 


Paxton, 


Berrien, 


Guyton, 


Pentecost, 


Blue, 


Hall of Meriwether, 


Phillips, 


Booth, 


Head, 


Renfroe, 


Brewton of Tatnall, 


Howell, 


Richardson, 


Brown, 


Hughes, 


Russell, 


•Campbell, 


Jackson, 


Rutherford, 


Carlton, 


Jones of Gwinnett, 


Simmons of Gwinnett. 


Chancey, 


Jones of Hart, 


Simmons of Hall, 


Ckastain, 


Kelly, 


Simmons of Houston, 


Clower, 


Kennedy, 


Smith of Coweta, 


Colby, 


Knowles, 


Snead, 


Converse, 


Lang, 


Spence, 


Cox, 


Lewis, 


Stovall, 


Craig, 


Mann, 


Watters, 


Davis of Clarke, 


Mansfield, 


Whatley, 


Edwards, 


Mattox, 


Wofford of Bartow. 


Farmer, 


McConnell, 




Those voting in the negative are 


Messrs. — 


Allred, 


Graham, 


Nutting, 


Anderson, Wm. D. 


Gray, 


Palmer, 


Anderson, Wm. P. 


Hall of Upson, 


Paulk, 


Baker of Pike, 


Hancock, 


Payne, 


Ballanger, 


Hillyer, 


Peeples, 


Beaseley, 


Hoge, 


Reid, 


Bowie, 


Hudson, 


Riley, 


Braddy, 


Johnson of Clay, 


Scott, 


Bryan, 


Johnson of Jefferson, 


Slaton, 


Bunn, 


Johnson of Spalding, 


Summers, 


Bush, 


Jones of Terrell, 


Summerlin, 


Butts, 


Killian, 


Trammell, 


Cato, 


Lamkin, 


West, 


Clegborn, 


Martin, 


Wilson, 


Crittenden, 


McMillan, 


Wofford of Banks, 


Davis of Newton, 


McNeal, 


Wood, 


Emerson, 


Morrison, 


Woodall, 


Goldsmith, 


Netherland, 


Wynn. 


Goodman, 






Yeas, 71. Nays, 


53. 





So the motion to reconsider prevailed. 



230 



JOURNAL OF THE HOUSE. 



Tlie Speaker announced that, under the rules, the 
reconsidered bill would go to the foot of the calendar. 

Mr. Hoge moved to suspend the rules to take up the 
report of the committee of the citizens of Atlanta, who 
have had in charge the books and papers of the West- 
ern & Atlantic Railroad. 

The motion did not prevail. 

Mr. Scott moved to suspend the rules for the pur- 
pose of taking up the bill reconsidered this morning. 

Mr. Jackson arose to discuss the question of sus- 
pending the rules. 

Mr. Hoge made the point of order that there could 
be no debate on a motion to suspend the rules. 

The Speaker ruled that the point was well' taken. 

No quorum voting on the motion to suspend, the 
Clerk proceeded to call the roll, to ascertain whether 
or not a quorum was present, and the following mem- 
bers answered to their names, Messrs. — 



Allred, 




Ckastain, 


Hall of Upson, 


Anderson, 


Wm. D. 


Clark of Richmond, 


Hammond, 


Anderson, 


Win. P. 


Cleghorn, 


Hancock, 


Atkinson, 




Clower, 


Head, 


Bacon, 




Colby, 


Hillyer, 


Baker of Pike, 


Converse, 


Hoge, 


Ballanger, 




Cox, 


Howell, 


Barksdale, 




Craig, 


Hudson, 


Barron, 




Davis of Clarke, 


Hughes, 


Battle, 




Davis of Newton, 


Jackson, 


Beaseley, 




Edwards, 


Johnson of Clay, 


Bell, 




Emerson, 


Johnson of Jefferson, 


Berrien, 




Fain, 


Johnson of Spalding,, 


Blue, 




Farmer, 


Jones Ox Gwinnett, 


Booth, 




Floyd, 


Jones of Hart, 


Bowie, 




Flynt, 


Jones of Terrell, 


Braddy, 




Franklin, 


Kelly, 


Brecon of Tatnall, 


Glover, 


Kennedy, 


Bryan, 




Goldsmith, 


Killian, 


Bunn, 




Goodman, 


Knowles, 


Busk, 




Graham, 


Lamkin, 


Butts, 




Gray, 


Lang, 


Campbell, 




Guerry, 


Lewis, 


Carlton, 




Guyton, 


Mann, 


Cato, 




Hall of Meriwether, 


Mansfield, 



SATURDAY, NOVEMBER 25, 1871. 231 



Martin, 




Peeples, 


Snead, 


Mattox, 




Pentecost, 


Spence, 


McConnell, 




Phillips, 


Stovall, 


McMillan, 




Renfroe, 


Summers, 


McNeal, 




Richardson, 


Summerlin, 


McWhorter, 




Riley, 


"VVatters, 


Morris, 




Russell, 


West, 


Morrison, 




Rutherford, 


Whatley, 


Murphy of Harris, 


Scott, 


Wilson, 


Netherland, 




Simmons of Gwinnett, 


, Woftord of Banks, 


Nutting, 




Simmons of Hall, 


Wofford of Bartow 


Page, 




Simmons of Houston, 


Wood, 


Paulk, 




Slaton, 


Woodward, 


Paxton, 




Smith of Coweta, 


Wynn. 


Payne, 








Present, 


118. 






So it was found that a quorum was present. 



The motion to suspend the rules was put, and pre- 
vailed. 

Mr. Jackson moved to strike out of the bill, as passed 
on yesterday, "ten," and insert "five" dollars as the 
per diem of the presiding officers, and to strike out 
"six" and insert "three" dollars as the per diem of 
the members. 

Mr. Howell offered a substitute, providing for the 
payment of eight dollars per day to the presiding offi- 
cers, five dollars per day to the members, and three 
dollars for every twenty miles traveled. 

On motion of Mr. Simmons of Gwinnett, the House 
resolved itself into Committee of the Whole. 

Mr. McWhorter, chairman of the Committee of the 
Whole, reported the bill back to the House with 
amendments. 

Mr. Hoge moved that the report of the committee be 
agreed to. 

Mr. Jackson renewed, as an amendment to the re- 
report, his motion made before going into Committee 
of the Whole. 

Mr. Simmons of Gwinnett offered, as a substitute for 
the Whole, a bill of the same title as the bill under 
consideration, which was read. 



232 



JOURNAL OF THE HOUSE. 



The question being upon adopting the substitute, 
Mr. Hudson called the previous question, and the call 
was sustained. 

A call for the yeas and nays was not sustained. 

The substitute was put and lost. 

Mr. McWhorter made the point of order that the 
substitute for the whole having been lost, no further 
amendments to the report of the committee could be 
submitted. 

The Speaker ruled the point not well taken. 

Mr. Jackson's amendment was then put and lost. 
The report of the Committee of the "Whole was then 
agreed to. 

The bill was then read and put upon its passage. 
Mr. Jackson called for the yeas and nays, and the 
call was sustained. 



Those voting in the affirmative are Messrs. 



Allred, 


Cato, 


Hall of Meriwether, 


Anderson, Win. D. 


Chancey, 


Hall of Upson, 


Atkinson, 


Chastain, 


Head, 


Bacon, 


Clark of Richmond, 


Hillyer, 


Baker of Pike, 


Clerghorn, 


Hoge, 


Ballanger, 


Glower, 


Howell, 


Barksdale, 


Colby, 


Hudson, 


Barron, 


Converse, 


Hughes, 


Bateman, 


Cox, 


Jackson, 


Battle, 


Craig, 


Johnson of Clay, 


Beaseley, 


Crittenden, 


Johnson of Jefferson, 


Bell, 


Davis of Newton, 


Johnson of Spalding, 


Berrien, 


Edwards, 


Jones of Gwinnett, 


Blue, 


Emerson, 


Jones of Hart, 


Booth, 


Farmer, 


Jones of Macon, 


Bowie, 


Floyd, 


Jones of Terrell, 


Braddy, 


Flynt, 


Kelly, 


Brewton of Tatnall, 


Franklin, 


Kennedy, 


Bruton of Decatur, 


Glover, 


Knowles, 


Brown, 


Goldsmith, 


Lamkin, 


Bryan, 


Goodman, 


Lang, 


Bunn, 


Graham, 


Mann, 


Bush, 


Gray, 


Mansfield, 


Butts, 


Guerry, 


Martin, 


Carlton, 


Guyton, 


Mattox, 



SATURDAY, NOVEMBER 25, 1871. 233 



McConnell, 

McNeal, 

McWhorter, 

Moreland, 

Morris, 

.Morrison, 

Murphy of Harris, 

Netherland, 

'Nutting, 

Oliver, 

Taulk, 

Paxton, 

Payne, 

Peeples, 



Pentecost, 

Phillips, 

Reid, 

Renfroe, 

Russell, 

Rutherford, 

Scott, 



Stovall, 

Summers, 

Sumerlin, 

Tramuiell, 

Walters, 

West, 

Whatley, 



Simmons of Gwinnett, Wilson, 
Simmons of Hall, Wofford of Banks, 

Simmons of Houston, « Wofford of Bartow, 
Slaton, Wood, 

Smith of Coweta, Woodward, 

Snead, Wynn. 

Spence, 



Those voting in the negative are Messrs. 



Anderson, Wm. P. 
Campbell, 
Davis of Clark, 
Griffin of Houston, 



Hancock, 

Killian, 

Lewis, 



McMillan, 
Palmer, 

Riley. 



Yeas, 108. Nays, 11. 
So the bill passed. 

Mr. Simmons of Gfwinnett gave notice that he would 
move on Monday, to reconsider the action of the House 
in passing this bill. 

Mr. Phillips, chairman of the Committee on Privil- 
eges and Elections, made the following report : 

Mr. Speaker : 

The Committee on Privileges and Elections beg leave 
to report that we have had under consideration a reso- 
lution directing us to inquire whether Mr. L. C. Jones, 
the Representative from the county of Macon, is a cit- 
izen of said county or not ; and we respectfully submit, 
that after serving Mr. Jones with a notice, and hearing 
the evidence in the case, that we are unanimously of 
the opinion that said Jones is not a citizen of said 
-county We therefore recommend that his seat be 
declared vacant. 

R. W Phillips, Chairman. 



234 JOURNAL OF THE HOUSE. 

Mr. Crittenden, chairman pro tern, of the Committee 
on Finance, submitted the following report, to- wit : 

Mr Speaker: 

The Committee on Finance have had under consid- 
eration the following bills, to-wit : 

A bill entitled an act to relieve O. P Anthony, Tax 
Collector of Clay county, which they recommend do 
pass. 

Also, sundry bills regulating the pay of jurors in the 
counties of Paulding and Sumter, which they recom- 
mend do pass. 

Also, a bill to authorize the City Council of Dalton 
to issue bonds for educational purposes, which they 
recommend do pass, after striking out the third section. 

Also, a bill to be entitled an act for the relief of 
Mary Edmonson from taxation, which they recommend 
do not pass. 

Also, a bill entitled an act to authorize the City 
Council of LaGrange to issue bonds to aid in building 
a railroad, and for other purposes, which they recom- 
mend do pass. 

Also, a bill entitled an act to provide for the pay- 
ment of a portion of the fund raised for school purposes 
to the city of Columbus, which they recommend do 
pass. 

Also, an act to authorize the Ordinary of Randolph 
county to issue bonds to build a new court-house, and 
for other purposes, which they recommend do pass. 

R. F Ckitte^dex, 
Chairman pro tern. Finance Committee. 

On motion of Mr. Summerlin, the rules were sus- 
pended, and the following bill, introduced by himself, 
was read the first time : 
A bill to reduce the Sheriff's bond of Heard county- 
Mr. Wofford of Bartow moved to suspend the rules 
for the purpose of reading bills the first time. 



SATURDAY, NOVEMBER 25, 1871. 235 

The motion prevailed, and the following bills were 
introduced and read the first time : 

By Mr. Jones of Terrell — 

A bill to incorporate the city of Dawson, in the 
county of Terrell. 

By Mr. Hudson — 

A bill to provide for the payment of two judgments 
obtained against the State, under the act of April 17, 
1863. 

Also, a bill to alter and amend an act to incorporate 
the Newnan & Americus Railroad Company. 

By Mr. Wofford of Bartow — 

A bill to amend an act to incorporate the town of 
Kingston, in Bartow county - 

Also, a bill to incorporate the Georgia & Alabama 
Coal and Iron Mining and Manufacturing Company, 
and for other purposes. 

Also, a resolution to inquire into the status of the law 
appropriating money to supply artificial limbs. 

By Mr. Cleghorn — 

A bill to revive and declare of force and effect, in the 
county of Chattooga, an act to organize a criminal 
court for each county in this State. 

By Mr. Jenkins — 

A bill to authorize the Ordinaries of this State to 
appoint constables. 

Also, a bill to alter the road laws, so far as relates 
to the county of Worth. 

Also, a bill to compel non-residents of the county of 
Worth to pay the ad valorem tax on sheep owned by 
them in said county to the Tax Collector of Worth. 

By Mr. Lipsey — 

A bill to provide for the levying and collection of a 
tax for the payment of insolvent criminal costs in the 
county of Lee. 

By Mr. Payne — 

A bill to correct and amend an act to incorporate the 
Atlanta & Mountain Railroad Company 



236 JOURNAL OF THE HOUSE. 

By Mr. Converse — 

A bill to incorporate the Grand Bay Paper Manu- 
facturing Company. 

By Mr. McMillan— 

A bill to establish a Board of Commissioners of 
Roads and Revenue in the county of Habersham. 

By Mr. Bush— 

A bill to provide by law for the division of home- 
steads in this State. 

By Mr. Glover — 

A bill to authorize the Governor to order an election 
for Ordinary in the county of Sumter. 

By Mr. Craig — 

A bill to amend the road laws of this State. 

Also, a resolution in relation to the transcribing of 
certain numerical land books by E. I. Williams, and 
providing for his compensation therefor. 

By Mr. Emerson — 

A memorial from certain citizens of Dalton, which, 
without being read, was referred to the Committee on 
Petitions and Memorials. 

By Mr. Murphy of Harris — 

A resolution to reduce the pay of the Clerk of the 
Supreme Court. 

The Senate bill to alter and amend sections 1835 and 
1038 of the Revised Code, and for other purposes, was 
read the second time and ordered to be engrossed. 

The following bilfs were read the third time and 
passed : 

A bill for the relief of 0. P Anthony, Tax Collector 
of the county of Clay. 

A bill to amend an act to secure the proceeds, prof- 
its or rents arising from homesteads in this State, and 
for other purposes. 

A substitute, reported by the Committee on the Ju- 
diciary, for a bill to alter and amend section 3472 of 
Irwin' s Revised Code. 



SATURDAY, NOVEMBER 25, 1871. 



237 



A bill to repeal an act to alter and amend section 
4245 of Irwin's Revised Code. 

A bill to change the line between the counties of 
Upson and Pike. 

A substitute, reported by the Committee on the Ju- 
diciary, for the bill to repeal section 121 of the Code. 

A substitute for a bill to amend paragraph 632 of 
the Code, and allow the Coroners certain fees unpro- 
vided by law, and for other purposes. 

A bill to punish any person or persons who shall 
assume to perform the duties of Constable in the city 
of Savannah, unless he or they have been elected or 
appointed, and qualified in accordance with the statute 
of the State of Georgia. 

A billto legalize the action of the Clerk of Wilcox 
county as Ordinary, and to authorize said Clerk to 
levy a tax for county purposes. 

A bill to authorize agents and attorneys at law to 
make oath to pleas in all cases requiring pleas to be 
filed under oath. 

A bill to repeal an act consolidating the offices of 
Tax Receiver and Collector for Charlton county. 

A bill to incorporate the LaG-range Banking & Trust 
Company, was read the third time, and put upon its 
passage. 

A majority of two-thirds being required by the Con- 
stitution, the vote was taken by yeas and nays. 

Those voting in the affirmative are Messrs. — 

Allred, 

Bacon, 

Baker of Pike, 

Barksdale, 

Barron. 

Bateman, 

Battle, 

Beaseley, 

Bell, 

Berrien, 

Blue, 

Booth, 



Bowie, 


Cleghorn, 


Braddy, 


Clower, 


Brewton of Tatnall, 


Converse, 


Bruton of Decatur, 


Cox, 


Bryan, 


Crittenden, 


Bunn, 


Davis of Clarke, 


Bush, 


Emerson, 


Campbell, 


Farmer, 


Cato, 


Floyd, 


Chancey, 


Flynt, 


Chastain, 


Franklin, 


Clark of Richmond, 


Goldsmith, 



238 



JOURNAL OF THE HOUSE. 



Goodman, 


Lamkin, 


Riley, 


Graham, 


Lang, 


Russell, 


Gray, 


Lewis, 


Rutherford, 


Griffin of Houston, 


Mann, 


Scott, 


Guerry, 


Mansfield, 


Simmons of Gwinnett, 


Guy ton, 


Martin, 


Simmons of Hall, 


Hall of Meriwether, 


Mattox, 


Slaton, 


Hall of Upson, 


McConnell, 


Smith of Coweta, 


Hancock, 


McMillan, 


Snead, 


Head, 


Moreland, 


Spence, 


Hillyer, 


Morris, 


Stovall, 


Hoge, 


Morrison, 


Trammell, 


Howell, 


Netherland, 


Waiters. 


Hudson, 


Nutting, 


West, 


Hughes, 


Oliver, 


Whatley, 


Johnson of Clay, 


Palmer, 


Wilson, 


Johnson of Jefferson, 


Paxton, 


Wofford of Banks, 


Johnson of Spalding, 


Payne, 


Wofford of Bartow, 


Jones of Gwinnett, 


Pentecost, 


Wood, 


Jones of Hart, 


Reid, 


Woodward, 


Jones of Terrell, 


Renfroe, 


Wynn. 


Kelly, 






Those voting in 


. the negative are Messrs. — 


Carlton, 


Glover, 


McWhorter. 


Colby, 






Yeas, 97. Nays, 4. 




So the bill was 


passed by a constitutional majority 


of two- thirds. 







Mr. Simmons of Hall moved that when this House 
adjourn, it adjourn until ten o'clock a. m. on Monday 
next. 

The motion prevailed. 

Mr. Bacon moved that the session be extended thirty 
minutes. 

Mr. McMillan moved that it be extended two hours. 

The motion of Mr. McMillan was lost, and that of 
Mr. Bacon prevailed. 

The following bills were read the third time and 
lost: 

A bill to repeal the District Court bill so far as re- 
lates to the Twenty-First District. 



SATURDAY, NOVEMBER 25, 1871. 239 

A bill to amend section 2261 of Irwin' s Revised Code. 

A bill to prescribe the mode of repealing the Code, 
or any part thereof. 

A bill to repeal the District Court bill so far as re- 
lates to the Seventeenth Senatorial District. 

A bill to repeal an act to establish the District Courts. 

A bill to change the boundaries of Glynn, Wayne 
and Camden counties. 

The following messages from the Executive Depart- 
ment were taken up and read : 

Executive Department, 
Atlanta, Ga., November 21, 1871. 

To the Honorable Speaker of the House of 

Representatives : 

Sie : I have the honor to transmit herewith the report 
of the Honorable the Secretary of State, showing that, 
from the returns of an election held on the 15th No- 
vember instant, in the county of Heard, for a Repre- 
sentative to fill the vacancy caused by the death of 
Hon. B. Simms, which returns have been transmit- 
ted to, and are now of file in his office, it appears that 
the Hon. M. C. Summerlin received a majority of the 
votes cast at said election for a Representative to rep- 
resent the county of Heard, in the House of Repre- 
tatives of this State. 

Benjamin Conley, Governor 

Executive Depaetment, 
Atlanta, Ga., November 23, 1871. 
To the General Assembly : 

I have the honor to transmit herewith, for the con- 
sideration of your honorable body, the report of the 
Board of Trustees of the Georgia Academy for the 
Blind, for the years 1870 and 1871. 

Benjamin Conley, Governor. 



■ 5 



The report accompanying this message was referred 
to the Committee on the Blind Asylum. 



240 JOURNAL OF THE HOUSE. 

Executive Department, 
Atlanta, Ga., November 25, 1871. 
To the Senate and House of Representatives : 

I have tlie honor to transmit herewith, a copy of a 
communication addressed to myself by the commis- 
sioners appointed under authority of a joint resolution 
of the last Legislature to revise the Code of Georgia, 
and respectfully call attention to the importance of 
giving this subject early consideration, and such direc- 
tion as, in your wisdom, you may deem proper. 

Benjamin Conley, Governor 

The communication accompanying this message was 
referred to the Committee on the Judiciary - 

A bill to bring on an election for Governor of Geor- 
gia, to fill the unexpired term caused by the resigna- 
tion of Governor Bullock, was read the third time and 
indefinitely postponed. 

A bill to change the line between DeKalb and Gwin- 
nett counties, was read the third time. 

Pending action thereon, the House adjourned until 
10 o'clock a. m. on Monday next. 



Atlanta, Georgia, 
Monday, November 27, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev Mr. Cox. 

The Journal of Saturday was read and approved. 

Mr. Hillyer moved to reconsider so much of the 
Journal of Saturday as relates to the loss of a bill to 
change the boundaries of Glynn, Ware and Camden 
counties. 

The motion prevailed. 



MONDAY, NOVEMBER 27, 1871. 241 

On motion of Mr. Hudson, the report of the Com- 
mittee on Privileges and Elections in relation to the 
seat of Mr. L. C. Jones on this floor, was taken up and 
adopted. 

Mr. Hoge moved to suspend the rules for the pur- 
pose of taking up the Senate bill to repeal the twen- 
tieth section of an act, approved October 25, 1870. 

The motion prevailed, and the bill was read the third 
time and passed, and ordered to be transmitted forth- 
with to the Senate. 

On motion of Mr. Simmons of Gwinnett, the rules 
were suspended, and the Senate bill to alter and amend 
sections 1035 and 1038 of the Revised Code, and for 
other purposes, was taken up and read the third time 
and passed. 

Mr. Graham moved to suspend the rules for the pur- 
pose of taking up a substitute, agreed to by the Senate, 
for the House resolution to appoint a joint committee 
to investigate the affairs of this State. 

The rules were suspended and the substitute con- 
curred in. 

Mr. McMillan offered a resolution, providing for the 
arrest of any person whom the evidence introduced be- 
fore any of the committees, specified in the substitute, 
shall show to be guilty of any violation of the laws of 
this State. 

The rules were suspended, and the resolution agreed 
to. 

The unfinished business of Saturday, the same being- 
a bill to change the line between DeKalb and Gwin- 
nett counties, was taken up. 

Mr. Simmons of Gwinnett moved to postpone indefi- 
nitely the bill and amendment thereto, reported by the 
Committee on New Counties and County Lines. 

The motion did not prevail. 

The report of the committee was then agreed to, and 
the bill, as amended, was passed. 

The special order of the day was taken up, to-wit : 
16 



242 JOURNAL OF THE HOUSE. 

a resolution offered by Mr. Bacon, in relation to the 
erantino; of State aid to railroads. 

Mr. Scott moved to refer the same to the Committee 
on the Judiciaiy, with instructions to report at an early 
day 

Mr. Richards called the previous question, and the 
call was sustained. 

The motion of Mr. Scott did not prevail, and the 
resolution was agreed to. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Afr Speaker : 

The Senate has passed the following bill of the House 
of Representatives, with an amendment, in which they 
ask the concurrence of the House of Representatives: 

A bill to alter sections 244 and 4841 of the Revised 
Code of Georgia, 

The Senate has also agreed to a resolution in relation 
to a canal connecting the Mississippi Valley and the 
Atlantic seaboard. 

The Senate has concurred in the following resolution 
of the House of Representatives : 

A resolution in relation to refunding the tax on raw 
cotton, collected during the years 1865, 1866 and 1867, 
under the revenue laws of the United States. 

The Senate has agreed to the following resolution, in 
lieu of the resolution of the House of Representatives, 
appointing a committee to inquire into the various de- 
partments of the State Government, in which they ask 
the concurrence of the House of Representatives, to- 
wit : 

A resolution appointing certain committees to inquire 
into and make a thorough investigation of all depart- 
ments of the State Government, and to report thereon 
to "Mie General Assembly at its next session. 

The S"iKite lias also passed the following bill: 



MONDAY, NOVEMBER 27, 1871. 243 

A bill to provide a remedy whereby money or prop- 
erty stolen or illegally detained from the State may be 
recovered, and for other purposes. 

The Senate has also concurred in the amendment of 
the House of Representatives to a resolution of the 
Senate, appointing a select joint committee to inquire 
into and report a bill in relation to the apportionment of 
Representatives in the General Assembly- 
Mr. Jackson, chairman of the Committee on Educa- 
tion, submitted the following report : 

Mr Speaker : 

The Committee on Education instruct me to report 
the accompanying bills and resolutions, as the result 
of the joint labors of the Senate and House committees 
on the subject of public instruction. 

The committee recommend that a bill to be entitled 
an act to repeal an act entitled an act to establish a 
system of public instruction, do not pass. 

He^ey Jackson, Chairman. 

On motion of Mr. Jackson, the rules were suspended, 
and the following bills, introduced by him in pursu- 
ance of the foregoing report, were read the first time, 
and 300 copies of each ordered to be printed for the 
use of the General Assembly : 

A bill to secure to educational purposes the funds 
now due to the department of education, to fund the 
same, and for other purposes. 

A bill to amend an act to establish a s3 T stem of pub- 
lic instruction, approved October 13, 1870, and for 
other purposes. 

The following bills were read the third time and 
passed : 

A bill to amend the acts relative to fees of the Clerk 
of the Superior Court of Chatham county, and the 



244 JOURNAL OF THE HOUSE. 

Clerk of the City Court of Savannah, Georgia, and 
fees of the Sheriffs of Chatham county, and City Court 
of Savannah, unprovided for, and to point out the man- 
ner of collecting the same. 

This bill was passed, as a substitute, for bill No. 11. 

A bill to incorporate the Rome & Raleigh Railway 
Company 

A bill to make it legal for Sheriffs, Coroners and 
other levying officers to sell certain kinds of personal 
property without exposing the same before the court- 
house door at the time of sale. 

A bill to allow maimed and indigent soldiers to ped- 
dle in this State without license. 

Passed, as amended, as a substitute for bill No. 53. 

The following bills were read the third time and lost : 

A bill to repeal an act organizing courts in the Sena- 
torial Districts of this State. 

A bill to regulate the return and trial of causes at 
law and in equity in the Superior Courts of this State. 

A bill for the relief of M. J. Griffin, of the county of 
Lowndes. 

A bill to provide for certain sales with right of re- 
demption by the vendor, and to fix a penalty for ille- 
gal acts done in connection with and pursuance of 
said sales, and for other purposes, was read the third 
time and recommitted to the Committee on the .Indi- 
cia ly 

The House took a recess until 3 o'clock p m. 



Ai nnjxoox Sessiox, 3 o'clock p.m. 

The House reassembled. 

L j ave of absence was granted to the Committees on 
Privileges and Elections and Finance, during the af- 
ternoon, for the purpose of bringing up the business 
referred to the same. 



MONDAY, NOVEMBER 27, 1871. 245 

The following bills were read the second time, and 
referred to the Committee on the Judiciary : 

A bill to revise the jury-box of Fayette county 

A bill to repeal an act to consolidate the offices of 
Tax Receiver and Collector for the county of Dade. 

A bill to amend the usury laws of this State. 

A bill to amend an act to alter and amend the sev- 
eral acts incorporating the city of Macon, approved 
December 27, 1847, and the several acts amendatory 
therto, to grant additional powers to the Mayor and 
Council of the city of Macon, and for other purposes. 

A bill to regulate the wages of labor, in certain cases, 
in the county of Clarke. 

A bill for the protection of the Clerks of the Supe- 
rior Courts and Sheriffs of this State, and secure their 
fees, and for other purposes. 

A bill to make the compensation of grand, tales and 
petit jurors in the counties of Taylor and Chattahoo- 
chee, two dollars per day. 

A bill to exempt from jury duty in the county of 
Chatham, all regular licensed physicians who are ac- 
tually engaged in the practice of their profession. 

A bill to authorize Nathan Chapman to exhibit 
slight of hand, etc., free of taxes. 

A bill to alter and amend the third paragraph of 
section 2448 of Irwin' s Revised Code, so far as to in- 
crease the interest of the wife as an heir-at-law in the 
estate of her deceased husband. 

A bill to alter and change the time of holding the 
Superior Courts in the counties of the Middle Circuit 
of this State. 

A bill to amend section 4026 of Irwin' s Revised 
Code, touching the trial of nuisances in the case of a 
grist or saw mill or other water machinery of valuable 
consideration. 

A bill to change the time of holding the Superior 
Court of Richmond county . 

A bill to grant relief to John Caldwell, of Fulton, 
and for other purposes. 



246 JOURNAL OF THE HOUSE. 

A bill to authorize the investment of trust funds 
upon certain terms and conditions. • 

A bill to compensate the grand and petit jurors of 
the count}* of Pike. 

A bill to amend section 1626 of Irwin's Revised 
Code, by adding to said section the words "and cook- 
ing stoves and their fixtures." 

A bill for the election and creation of a Board of 
County Commissioners for the county of Screven,' and 
for other purposes. 

A bill to regulate labor in the county of Baldwin. 

A bill to prescribe who shall be jurors, in certain 
cases, in Baldwin county. 

A bill to amend an act to incorporate the town of 
Adairsville, approved the eighth day of February, 
1S54. 

A bill to reduce the bond of the Sheriff of Banks 
county 

A bill to repeal certain sections of the Code therein 
named. 

A bill to amend the homestead laAvs of this State. 

A bill to alter and amend the road laws of this State, 
so far as relates to the county of Bibb, and to authorize 
and require the Ordinary of said county to levy and 
collect a tax for road purposes. 

A bill to legalize county tax levied by the Ordinary 
of Dougherty county for the year 1871. 

A bill to provide for selling horses, hogs or cattle 
that are levied on and claimed, when the levying officer 
has to keep said animals until the trial of said claim. 

A bill to alter and amend section 3434 of Irwin's 
Revised Code. 

A bill for the relief of William Hamby and Adaline 
Hendricks,|both of DeKalb county 

A bill to organize a county court in the county of 
Clay, and to define its jurisdiction, and for other pur- 
poses. 

A bill to give the Ordinaries of the several counties 



MONDAY, NOVEMBER 27, 1871. 247 

of this State authority to issue attachments, and for 
other purposes. 

A bill to amend section 4203 of the Code of Georgia. 

A bill to authorize the Ordinaries in the various 
counties of this State to order the sale of homestead 
and personalty, when an issue is formed in relation to 
the valuation thereof. 

A bill to create a Board of Commissioners of Roads 
and Revenue in the county of Houston. 

A bill to fix the fees of the Sheriff of Terrell county 
for keeping horses and mules in his possession under 
legal process. 

A bill to consolidate the offices of Sheriff and Tax 
Collector in the county of Jones. 

A bill to prescribe by law for jurors in certain cases. 

A bill to change the fees of officers of court, so far 
as applies to Sheriffs, in keeping stock levied on. 

A bill to authorize the Ordinaries of this State to 
appoint Constables under certain circumstances. 

A bill to prescribe who shall be jurors in certain 
cases. 

A bill to reduce the Sheriff's bond of Heard county 

A bill to provide for levying and' collecting a tax to 
pay insolvent criminal costs in Lee county - 

A bill to establish a Board of Commissioners of Roads 
and Revenue for the county of Habersham. 

A bill to alter and amend the road laws of this State. 

A bill to provide for the division of homesteads in 
this State. 

A bill to prescribe for jurors in Monroe county 

A bill to amend section ten of an act to provide for 
setting apart a homestead. 

A bill to authorize the Governor to order an election 
for Ordinary in the county of Sumter. 

A bill to require Justices of the Peace or Judicial 
Notaries to return to the Tax Receiver all persons lia- 
ble to pay taxes in their districts. 

A bill to amend article four, section two of the Con- 
stitution, upon the two-thirds vote of the present and 



248 JOURNAL OF THE HOUSE. 

next succeeding Legislature, and ratification by the 
qualified voters of this State. 

A bill to revive and declare of force, in the county 
of Chattooga, an act to organize a criminal court for 
each county in this State. 

A bill to extend the right of dissolving garnishments 
to others than defendants. 

A bill to appoint a commission for certain purposes. 

A bill to amend section 2532 of the Code of Georgia. 

A bill to make it unlawful for the Mayor and Coun- 
cil of any incorporated city or town in this State to 
levy a tax on cotton sales made in said cities or towns. 

A bill to provide for the payment of two judgments 
obtained against the State under the act of seventeenth 
April, 1863. 

A bill to revise the jury boxes throughout the State. 

A bill to alter and amend section 650 of the Code, so 
far as relates to the county of Colquitt. 

A bill to secure the costs of the officers of court in the 
various courts of this State. 

A bill to amend section 635 of the Code of Georgia. 

A bill to amend section 3599 of the Code of Georgia. 

The bill to explain and alter sections 244 and 4841 of 
the Revised Code of Georgia, was taken up, and the 
Senate amendment thereto concurred in. 

The following bills were read the second time, and 
referred to the Committee on Finance : 

A bill to authorize the Ordinary of Early county to 
levy a tax sufficient to supply the paupers of said county 
with medicines, and for other purposes. 

A bill for the relief of B. Chancey, Tax Collector of 
Early county for the year 1869. 

A bill to regulate the pay of jurors in the county of 
Clayton. 

A bill to provide more effectually for the payment 
of taxes due by employees. 

A bill for raising a revenue, and to appropriate 
money for the use of the Government, and to make 
certain appropriations, and for other purposes. 



MONDAY, NOVEMBER 27, 1871. 249 

A bill to require Tax Receivers to take witli tax 
returns number ot acres of land cultivated in different 
•cereals. 

A bill to amend an act to compel non-residents to 
pay tax on cattle and sheep running and grazing in 
the county of Colquitt. 

A bill for the relief of Catharine S. W Fleming. 

A bill to alter and amend the wild land laws of this 
State. 

A biil to exempt certain maimed persons from taxa- 
tion. 

A bill to regulate the levying of taxes in the county 
of Pierce. 

A bill to authorize the Governor to pay the Treasurer 
of the Georgia State Agricultural Society, the amount 
due under act of December 20, 1860. 

A bill to require the Tax Collector of Pierce county 
to receive jury scrip in payment of taxes due said 
county. 

A bill to require owners of wild lands to register 
said lands in the county where the land lies. 

A bill for the relief of Jackson, Lawton & Bas- 
; singer. 

A bill to endow the University of Georgia, was with- 
drawn. 

The following bills were read the second time, and 
referred to the Committee on Internal Improvements : 

A bill to incorporate the Atlanta & Monticello Nar- 
row-Gauge Railway Company - 

A bill to incorporate the Macon & Chattahoochee 
Railroad Company. 

A bill to incorporate the Macon & Knoxville Rail- 
road Company. 

A bill to amend an act to incorporate the Lookout 
Mountain Railroad Company, and to extend the aid of 
the State to the same, and for other purposes. 

A bill to correct and amend an act to incorporate the 
Atlanta & Lookout Railroad Company. 



250 JOURNAL OF THE HOUSE. 

A bill to alter and amend an act to incorporate the 
Newnan & Americus Railroad Company 

The following bills were read the second time and 
referred to the Committee on New Comities and County 
Lines : 

A bill to change the line between McDuffie and Co- 
lumbia counties. 

A bill to lay out a new county from the counties of 
Coweta, Fayette. Spalding and Meriwether. 

A bill to change the line between the counties of 
Campbell and Fulton. 

A bill to change the line between the counties of 
Wilcox and Pulaski. 

A bill to change the line between the counties of 
Pickens and Gilmer. 

A bill to change the line between the counties of 
Catoosa and Walker. 

A bill to change the line between the counties of 
Forsyth and Milton. 

The following bills were read the second time and 
referred to the Committee on Corporations : 

A bill to incorporate the Mutual Protection Insur- 
ance Company of the State of Georgia. 

A bill to incorporate the College of Pharmacy and 
Health in the city of Macon. 

A bill to amend an act to incorporate the town of 
Norcross, in the county of Gwinnett. 

A bill to incorporate the town of Dublin, in Laurens 
county 

A bill to alter and amend the several acts incorpor- 
ating the town of Sandersville, and confer upon said 
town a municipal government, with all the rights and 
privileges usually enjoyed by cities in Georgia. 

A bill to incorporate the Georgia Diamond Mining 
Company 

A bill to incorporate the town of Lawtonville. 



MONDAY, NOVEMBER 27, 1871. 251 

A bill to amend an act to incorporate the Home Fire 
& Marine Insurance Company of Columbns, Georgia. 

A bill to extend the corporate limits of the town of 
Hartwell. 

A bill to repeal an act incorporating the town of 
Gainesville, under the name and style of the city of 
Gainesville, and to incorporate the same as a town. 

A bill to incorporate the town of Jefferson. 

A bill to incorporate the city of Fort Valley 

A bill to consolidate the Chattooga Coal & Iron and 
Trion Railway Companies. 

A bill to amend an act to incorporate the town of 
Thomson. 

A bill to incorporate the Stone Mountain, Lawrence- 
ville & Athens Railroad Company 

A bill to amend an act amendatory of an act to in- 
corporate the town of New Gibraltar, in DeKalb 
county, and to change the name of the same to Stone 
Mountain. 

A bill to incorporate the Dalton & Southwestern 
Railroad Company. 

A bill to incorporate the town of Butler. 

A bill to incorporate the city of Darien. 

A bill to incorporate the Griswoldville & Jefferson- 
ville Railroad Company . 

A bill to amend an act to incorporate the Grand 
Lodge of Knights of Jericho, of the State of Georgia. 

A bill to alter and change the road laws so far as re- 
lates to the county of Worth. 

A bill to incorporate the town of Jeffersonville. 

A bill to incorporate the town of Clinton. 

A bill to amend an act to incorporate the Gate City 
Insurance Company, of the city of Atlanta. 

A bill to incorporate the Georgia & Alabama Coal 
and Iron Mining and Manufacturing Company 

A bill to amend an act to incorporate the town of 
Kingston. 

A bill to incorporate the Atlanta & Tennessee Rail- 
road Company. 



252 JOURNAL OF THE HOUSE. 

A bill to amend the charter of the town of Fort 
Gaines. 

A bill to incorporate the Grand Bay Paper Manu- 
facturing Company 

The following bills were read the second time, and 
referred to the Committee on Banks : 

A bill to incorporate the Exchange Bank of Macon. 
A bill to incorporate the Farmers' & Mechanics' Loan 
and Trust Company of Cuthbert, Georgia. 

The following bills were read the second time, and 
referred to the Committee on Education : 

A bill to amend an act to establish and incorporate 
a Medical College in the city of Savannah. 

A bill to endow the Atlanta University 

A bill to amend an act to establish a system of pub- 
lic instruction, and for other purposes. 

A bill to repeal the school law of 1870. 

The following bills were read the second time, and 
referred to the Committee on Agriculture and Manu- 
factures : 

A bill to amend an act entitled an act to amend an 
act passed March 13, 1869, entitled an act to amend an 
act entitled an act to protect the planters of this State 
from imposition m the sale of fertilizers. 

A bill to submit to the legal voters of Georgia the 
question of abolishing the enclosures to farms in this 
State, and for other purposes. 

A bill to prohibit the sale and purchase in Jefferson 
county of agricultural products after dark. 

A bill to be entitled an act relating to fences, and for 
the protection of crops. 

A bill to prohibit the falling of timber and obstruc- 
tions in the Connasauga river and Coohulla creek. 

A bill to compel non-residents of the county of 
Worth to pay tax on sheep in the county of Worth. 



MONDAY, NOVEMBER 27, 1871. 253 

A bill to protect the people of Georgia against the 
illegal and fraudulent issue of what are called State 
aid bonds to the Brunswick & Albany Railroad Com- 
pany, was read the second time, and referred to the 
Committee on Public Expenditures. 

The following bills were read the second time and 
committed : 

A bill to make it a misdemeanor for any person, in 
the night time, to deliver or receive the products of a 
farm in the county of Pulaski. 

A bill to promote the propagation of shad fish in the 
Savannah river, and to impose a penalty for fishing for 
the same in said river on Sunday or Monday - 

A bill to change the time of holding the Superior 
Courts of the Macon Circuit. 

A bill to amend an act to incorporate the proprietors 
of the Augusta Canal, and to confirm certain ordinan- 
ces of the City Council of Augusta, relating to said 
canal. 

A bill to regulate the pay of grand and traverse 
jurors in the county of Crawford. 

A bill to exempt certain parties from road duty in 
the county of Pickens. 

The following bills were read the second time and 
ordered to be engrossed : 

A bill to authorize the Ordinary of Gwinnett county 
to issue bonds for the purpose of raising money to 
build a court-house. 

A bill to allow William M. Hunnicutt, of Gwinnett 
county, to peddle without license. 

A bill to amend the laws in relation to receiving jury 
certificates in payment of county taxes in the counties 
of White and Habersham. 

A bill to authorize the Tax Collector of Banks to 
receive jury certificates for county tax. 

A bill to repeal all local road laws of the county of 
Bryan. 



254 JOURNAL OF THE HOUSE. 

A bill to prevent any city, town or village from im- 
posing tax on land held for agricultural purposes in 
the corporate limits of the same. 

A bill to change the name of Bowdon Collegiate 
Institute. 

Mr. Cody, chairman pro tern, of the Committee on 
Education, submitted the following report, to- wit: 

2fr SpeaJccr: 

The Committee on Education have had under con- 
sideration a bill to be entitled an act to establish a 
permanent board of education and orphanage for the 
count}- of Bibb, and to incorporate the same, and to 
define its duties and powers, and for other purposes, 
and recommend that it do pass. 

D. C. Cody, Chairman pro tern. 

m 

Mr. Hoge offered a resolution in relation to the in- 
troduction of new matter, which was agreed to. 

Mr. Stovall offered a resolution authorizing any com- 
mittee, when two or more bills or resolutions on the 
same subject matter are referred to it, to report a sub- 
stitute for the same, which was agreed to. 

On motion, the rules were suspended and the fol- 
lowing bills were introduced and read the first time : 



*s 



By Mr. Farmer— 

A bill to create a Board of Commissioners for Mcin- 
tosh county. 

By Mr. Griffin of Houston — 

A bill to incorporate the Atlantic, Fort Valley & 
Memphis Railroad Company 

By Mr. Goodman — 

A bill for the relief of James H. Winn, Tax Collec- 
tor of Campbell county - 

By Mr. Simmons of Gwinnett — 

A bill to alter and amend section 3496 of Irwin s 
Revised Code. 



TUESDAY, NOVEMBER 28, 1871. 255 

By Mr. Fain — 

A .bill to regulate State aid, when applied to narrow- 
gauge railroads, in this State. 

Also, a bill to change the time of holding the Supe- 
rior Courts of the county of Gordon. 

By Mr. Farmer — 

A bill to authorize the Board of Commissioners for 
Liberty county, to levy a tax on pistols, guns and 
dogs, for county purposes. 

By Mr. Goodman — 

A bill to change the lines between the counties of 
Douglas and Paulding, and between the counties of 
Douglas and Cobb. 

By Mr. Summerlin — 

A bill to authorize William J. Taylor, of the county 
of Heard, to practice medicine, so far as relates to can- 
cerous tumors and all cancerous diseases, and to charge 
and collect for the same. 

By Mr. Cato — 

A bill for the relief of F M. Lofton, and for other 
purposes. 

By Mr. Griffin of Houston — 

A bill to alter and amend an act to incorporate the 
Georgia Military Institute, and for other purposes. 

The House adjourned until 9 o'clock a. m. to-mor- 
row. 



Atlanta, Geoegia, 
Tuesday, November 28, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev Mr. Jones. 

The Journal of yesterday was read and approved. 

Mr. Simmons of Gwinnett moved to reconsider so 
much of the Journal as relates to the passage of a bill 



256 JOURNAL OF THE HOUSE. 

to change the line between DeKalb and Gwinnett 
counties. 

On motion of Mr. Goldsmith, the motion to recon- 
sider was laid on the table. 

A resolution offered by Mr. Crittenden, in relation to 
the observance of Thursday, thirtieth instant, as a day 
of thanksgiving, was read and agreed to. 

Messrs. Crittenden and Collins were appointed, upon 
the resolution, as committee from the House to make 
the necessary arrangements for divine services in this 
Hall, on said day. 

On motion of Mr. Phillips, the rales were suspended, 
and the Senate bill to repeal so nmch of an act assented 
to October 17, 1870, as creates the Allapaha Judicial 
Circuit, and to add the county of Lowndes to the 
Southern Judicial Circuit, and the counties of Echols, 
Clinch, Coffee and Ware to the Brunswick Circuit, was 
read the first time. 

The following report was made by Mr. Anderson, 
chairman of the Committee on Corporations : 

Mr. Speaker : 

The Committee on Corporations have considered a 
bill to alter and amend the several acts incorporating 
the town of Sandersville, etc., and recommend that it 
do pass, as amended. 

William D. Axdeusox, Chairman. 

Mr. Hoge, chairman of the Committee on the Judici- 
ary, submitted the following report : 

Mr Specifier : 

The Committee on the Judiciary, to whom was 
referred a bill to be entitled an act to alter and change 
the time of holding the Superior Courts in the counties 
of the Middle Circuit of this State, have had the same 
under consideration, and recommend that it do pass. 

E. F Hoge, Chairman. 



TUESDAY, NOVEMBER 28, 1871. 257 



• The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has passed the following bills of the 
House of Representatives, to-wit : 

A bill to compensate grand and traverse jurors in 
the county of Polk. 

Also, a bill to authorize the County Commissioners 
of Pike county to audit the claims of officers for extra 
services, and for other purposes. 

Also, a bill to change the line between the counties 
of Mcintosh and Liberty 

Also, a bill to repeal an act entitled an act to organ- 
ize a District Court, and for other purposes. 

Also, a bill to change the charter of the University 
of Georgia. 

Also, a bill to repeal an act entitled an act to pro- 
vide for an election, and to alter and amend the laws 
in relation to holding elections. 

The Senate has also passed the following bills of the 
House of Representatives, with certain amendments, 
in which they ask the concurrence of the House of 
Representatives : 

A bill to compensate grand and traverse jurors in 
the county of DeKalb, and for other purposes. 

Also, a bill to repeal an act entitled an act to de- 
clare the poll tax of 1868, 1869 and 1870 illegal, and 
to prevent the collection of the same. 

The following bills were read the third time and 
passed : 

A bill to alter and change the time of holding the 
Superior Courts in the counties of the Middle Circuit, 

A bill to amend an act entitled an act to incorporate 
the Habersham & Union Turnpike Company, and to 
change the name of the same. 

A bill to authorize the town council of the town of 
Calhoun, to aid in the construction of the North Geor- 
gia & North Carolina Railroad. 
17 



2.")S JOURNAL OF THE. HOUSE. 

A bill to amend section 3S95 of Irwin's Revised 
Code. 

A bill to amend the charter of the city of Atlanta, 
by providing for the election of a Recorder and Audi- 
tor, and to prescribe their duties. 

A bill to authorize payment of costs to officers of 
court of Bartow county 

A bill to repeal part of section eight of an act to in- 
corporate the town of Preston. 

A bill to repeal certain sections of an act to charter 
the Georgia ]\Iutual Fire & Life Insurance Company, 
and the several acts amendatory thereof. 

A bill to change the line between the counties of 
Coffee and Ware. 

A bill to amend the charter of the town of Acworth. 

A bill to authorize the Ordinary of Campbell county 
to issue bonds. 

A bill to authorize the Ordinary of Cobb county to 
issue bonds. 

A bill to change the time for the holding of the Su- 
perior Court in the county of Catoosa. 

A bill to authorize the Ordinary of Gwinnett county 
to issue bonds for the purpose of raising money to 
build a court-house. 

A bill to authorize Clerks of Superior Courts in the 
counties of Lowndes, Coffee, Echols, Clinch and Ware 
to issue writs that shall bear test in the names of J. R. 
Alexander and William M. Sessions. 

The foregoing bill was ordered to be transmitted to 
the Senate forthwith. 

A bill to provide for the opening and clearing out 
of Cedar creek, in the county of Wilcox. 

A bill to change the time of holding the Superior 
Court of Camden county 

A bill to increase the pay of jurors of Bartow county. 

A bill to change the time of holding the Superior 
Courts in Campbell county 

A bill to amend an act incorporating the Atlantic & 
Great Western Canal Company. 



TUESDAY, NOVEMBER 28, 1871. 2.~9 

A bill to incorporate the town of Sharpsburg, in the 
county of Coweta. 

A bill to alter and amend section three of an act to 
alter and amend an act to extend and define the cor- 
porate limits of the town of Newnan, in the county of 
Coweta, and for other purposes. Approved March 6, 
1865. 

A bill to alter and amend the road laws of this State, 
so far as relates to the county of Dawson. 

A bill to change the time of holding the Superior 
Courts in the counties of Elbert and Hart. 

A bill to empower the Judges of the Superior Courts 
of this State to appoint auditors in certain cases at law. 

A bill to authorize Tax Collector of Banks to receive 
jury certificates for county tax. 

A bill to change the time of holding the Superior 
Courts of the Macon Circuit. 

A bill to amend the acts incorporating the village of 
Cave Spring, in the county of Floyd. 

A bill to repeal all local road laws of the county of 
Bryan. 

Mr. Simmons of Gwinnett offered the following res- 
olution : 

Resolved by the Senate and House of Representa- 
tives, That the General Assembly elect a Public Printer 
for this State, to fill the existing vacancy in said office, 
at 12 o'clock m. to-morrow. 

The rules were suspended, and the resolution agreed 
to, and ordered to be transmitted to the Senate forth- 
with. 

Mr. Craig, chairman of the Enrolling Committee, 
submitted the following report : 
Mr Speaker: 

The Committee on Enrollment report as duly enrolled 
and ready for the signature of the Speaker of the 
House of Representatives, the following bill, to-wit : 

A bill to be entitled an act to explain and alter sec- 
tion 244 of the Revised Code of Georgia, 

Also, a joint resolution in relation to refunding the 



260 



JOURNAL OF THE HOUSE. 



tax on raw cotton collected during the years 1865, 1866 
and 1867, under the revenue laws of the United States. 

H. L. W Ceaig, Chairman. 

A bill to incorporate the Commercial Bank of Albany,, 
was read the third time and put upon its passage. 
A constitutional majority of two-thirds being required 
the vote was taken by yeas and nays. 

Those voting in the affirmative are Messrs. — 



Allred. 


Fain, 


Morrison, 


Anderson, Win. P 


Farmer, 


Murphy of Harris, 


Atkinson, 


Field, 


Netherland, 


Bacon, 


Floyd, 


Nutting, 


Baker of Bryan. 


Flynt, 


Oliver, 


Baker of Pike, 


Franklin, 


Ormond, 


Barksdale, 


Glover, 


Palmer, 


Barron, 


Goodman, 


Patillo, 


Bateman, 


Graham, 


Paxton, 


Battle, 


Gray, 


Payne, 


Bcaseley, 


Griffin of Houston, 


Peeples, 


Bell, 


Guerry, 


Pentecost, 


Berrien, 


Hall of Upson, 


Pierce, 


Blue, 


Hammond, 


Reid, 


Booth, 


Hancock, 


Renfroe, 


Bowie, 


Harvey, 


Richards, 


Braddy, 


Head, 


Riley, 


B niton of Decatur, 


Hillyer, 


Russell, 


Brown, 


Hoge, 


Sellers, 


Bryan, 


Howell, 


Simmons of Gwianett. 


Bunn, 


Hudson, 


Simmons of Houston, 


Biis-h, 


Jackson, 


Smith of Coweta, 


Carlton, 


Johnson of Spalding, 


Smith of Oglethorpe, 


'Cato, 


Joiner, 


Snead, 


Clark of Richmond, 


Jones of Gwinnett, 


Spence, 


Clark of Troup, 


Jones of Hart, 


Stovall, 


Clements, 


Jones of Terrell, 


Summers, 


Glower, 


Kelly, 


Summerlin, 


Cody, 


Kennedy, 


Taylor, 


Collins, 


Killian, 


Trammell, 


Cox, 


Knowles, 


Walters, 


Craig 1 , 


Lang, 


West, 


Crittenden, 


Lewis, 


Whatley, 


dimming, 


Mann, 


Wofford of Banks, 


Davis of Clarke, 


Mattox, 


Wofford of Bartow, 


Davis of Newton, 


McConnell, 


Woodward, 


Dukes, 


McMillan, 


Wynn. 


Emerson, 


MeNeal, 





TUESDAY, NOVEMBER 28, 1871. 
Those voting in the negative are Messrs — 



201 



Anderson, Wm. D. 
Cleghorn, 

Yeas 110. Nays 6. 



Edwards, 
McWhorter, 



Bawls, 
Simmons of Hall. 



So the bill was passed by a constitutional majority 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof : 

Mr. Spea7ier : 

The Senate has passed the following bill, which I 
am instructed to transmit forthwith to the House of 
Representatives, to-wit : 

A bill to repeal an act entitled an act to change the 
time of meeting of the Legislature of this State. 

The Senate has also concurred in a resolution of the 
House of Representatives to elect a State Printer. 

A bill to incorporate the Dollar Savings Bank of 
Fort Valley, was read the third time and put upon its 
passage. 

A constitutional majority of two-thirds being re- 
quired, the vote was taken by yeas and nays. 

Those voting in the affirmative are Messrs. — 



Allred, 


Bruton of Decatur, 


Cox, 


Anderson, Win. P. 


Brown, 


Craig, 


Atkinson, 


Bryan, 


Crittenden, 


Bacon, 


Bunn, 


dimming, 


Baker of Bryan, 


•Busk, 


Davis of Clarke. 


Baker of Pike, 


Butts, 


Dukes, 


Ballanger, 


Carlton, 


Edwards, 


Barksdale, 


Cato, 


Emerson, 


Barron, 


Cliancey, 


Fain, 


Bateman, 


Chastain, 


Farmer, 


Battle, 


Clark of Richmond, 


Field, 


Beaseley, 


Cleghorn, 


Floyd, 


Blue, 


Clements, 


Flynt, 


Booth, 


Clower, 


Franklin, 


Bowie, 


Cody, 


Glover, 


Braddy, 


Collins, 


Goldsmith, 


Brewton of Tatnall, 


Converse, 


Goodman, 



Of O 



JOITRXAL OF THE HOUSE. 



Graham, 




Mann, 


Riley, 


Gray, 




Mansfield, 


Russell, 


Griffin of Houston, 


Martin, 


Sargent, 


Gnerry, 




Mattox, 


Sellers, 


Hall of Mer 


iwetlier, 


McConnell, 


Simmons of Gwinnett. 


Hammond, 




McMillan, 


Simmons of Houston, 


Hancock. 




McNeal, 


Slaton, 


Harvey, 




McVVhorter, 


Smith of Coweta, 


Head, 




Morris, 


Smith of Oglethorpe, 


Hillvcr, 




Morrison, 


Snead, 


iWe, 




Netliei'land, 


Spence, 


Howell, 




Nutting, 


Stovall, 


Hudson. 




Oliver," 


Summers, 


Jackson, 




Ormond, 


Sunimerlin, 


.Tnlmson of 


Spalding, 


Patillo, 


Taylor, 


Jo:ner r 




Paulk, 


Trammell, 


Jones of Gv 


rinnett, 


Paxton, 


Watters, 


Jones of Hr 


nt, 


Peeples, 


West, 


Jones of Te 


rrell, 


Pentecost, 


■\Vhatley, 


Kelly, 




Pierce, 


AVilliams, 


Kennedy, 




Pou, 


"Wilson, 


Killian, 




Rawles, 


"Wofford of Banks, 


Knocks, 




Reid, 


"Wofford of Bartow, 


Lang, 




Richards, 


"Wood, 


Lewis, 




Richardson, 


Woodward. 


Those voting in the negative are Messrs. — 


None, 








Yeas, 133. Nays, 


0. 





So the bill was passed by a constitutional majority. 

The following message was received from the Exec- 
utive Department, through Mr. Atkinson, Secretary 
thereof, to-wit: 

Mr. Speaker: 

His Excellency ^.tlie Governor has approved and 
signed the "following resolution, to-wit : 

A resolution in relation to refunding the tax on raw 
cotton collected during the years 1865, 1866 and 1867, 
under the revenue laws of the United States. 

The following message was received from the Exec- 
utive Department, through Mr. Atkinson, Secretary 
thereof, to-wit: 



TUESDAY, NOVEMBER 28, 1871. 263 

Mr Speaker: 

His Excellency the Governor lias approved and 
signed the following act, to-wit : 

An act to explain and alter section 244 of the Revised 
Code of Georgia. 

Mr. Hall of Upson, chairman of the Committee on In- 
ternal Improvements, submitted the following report : 

Mr. Speaker: 

The Committee on Internal Improvements have had 
under consideration a resolution of the House instruct- 
ing this committee to report such legislation as may 
be necessary to protect the interest of the State in ex- 
tending aid to railroads ; and, in obedience to said 
resolution, recommend the introduction and passage 
of the bill herewith submitted. 

Hall of Upson, Chairman. 

The rules were suspended, and the following bill, 
accompanying the above report, was read the first time : 

A bill to enforce article three, section six, paragraph 
five of the Constitution, and to protect the interest of 
the State in extending aid to railroads. 

The following bills were read the third time, and 
passed, as amended : 

A bill to increase the pay of jurors in the county of 
Stewart. 

A bill to amend the several acts incorporating the 
town of Sandersville, and confer upon said town a mu- 
nicipal government, with all the rights and privileges 
usually enjoyed by cities in Georgia. 

A bill to incorporate the town of Colquitt. 

A bill to amend and alter and add to the several acts 
incorporating the town of Calhoun. 

A bill to change the line between the counties of Clay 
and Calhoun. 



-2G4 JOURNAL OF THE HOUSE. 

The following bills were read the third time and in- 
definitely postponed : 

A bill to change the county of Macon from the South- 
western to the Macon Judicial Circuit. 

A bill to increase the pay of jurors in the county of 
Miller. 

A bill to increase the pay of jurors, and for other 
purposes. 

A bill to increase the pay of grand and traverse 
jurors of the county of Troup. 

A bill to regulate the pay of grand and petit jurors 
of Cobb county 

A bill to direct the Tax Collector of Cobb county to 
pay to the Ordinary of said county the taxes for 1871, 
for certain purposes. 

A bill to authorize the Tax Collector of Dawson 
county to pay over to the Treasurer of said county the 
State tax for the year 1871, was withdrawn. 

A bill to provide for the payment of a portion of the 
fund raised for school purposes to the city of Colum- 
bus, was recommitted and referred to the Committee 
on Education. 

The following bills were read the third time and re- 
committed to the Committee on New Counties and 
County Lines. 

A bill to change the line between the counties of 
Walker and Dade. 

A bill to change the line between the counties of 
Carroll and Douglas. 

A bill to appropriate certain moneys for the compen- 
sation and reimbursement of Samuel Weil, Esq., 
Eoreign Commissioner of Emigration, was recommitted 
to the Committee on Finance. 

The following bills were read the third time and 
lost: 



*& 



A bill to change the county site of Macon county. 
A bill to re-establish the vendor' s lien. 



TUESDAY, NOVEMBER 28, 1871. 265 

A bill to protect human life. 

A bill to repeal an act prohibiting the leasing or 
hiring of penitentiary convicts. 

A bill to more effectually prevent the carrying of 
concealed weapons. 

A bill to amend section 2261 of Irwin's Revised 
Code. 

A bill to repeal an act to establish a system of public 
instruction. 

A bill to prescribe the manner in which official bonds 
shall be taken and approved by Clerks, Sheriffs, Ordi- 
naries and other officers. 

A bill to authorize the Tax Collector of Cherokee 
county to pay to the Ordinary- of said count}' the State 
tax for the year 1871, to aid in building a court-house 
in said county 

A bill to authorize the Tax Collector of Butts county 
to pay to the Ordinary of said county the taxes, except 
special taxes, for the year 1871, for the purpose of 
building a court-house. 

A bill to create a Board of Assessors in each county 
of this State. 

A bill to establish a lien in favor of physicians and 
school teachers on the crops of those for whom they 
practice medicine or teach school. 

A bill to exempt land used for agricultural purposes 
within the corporate limits of a town, city or village 
from taxation. 

Mr. Cray gave notice that he would move, on to- 
morrow, to reconsider so much of the action of this 
House, as relates to the loss of the foregoing bill. 

A bill to authorize the Governor to pay to the Treas- 
urer of the Georgia State Agricultural Society, the 
amount due under the act of December 20, 1860, which 
was, on yesterday, referred to the Committee on Fi- 
nance, was recalled from said committee and referred 
the Committee on Agriculture and Manufactures. 

The following bills of the Senate were read the first 
time : 



266 JOURNAL wjp ±±iJii muusk 

A bill to repeal an act to change the time of the an- 
nual meeting of the Legislature of this State, approved 
October 25, 1870. 

A bill to protect the people of the State of Georgia 
against the illegal and fraudulent issue of bonds and 
securities, and for other purposes. 

The following gentlemen were announced as the 
committee on the part of the House, to memorialize 
Congress in relation to refunding the tax on cotton : 
Messrs. Johnson of Jefferson, Hoge, and Cumming. 

Mr. Scott offered a resolution instructing the Com- 
mittee on Education to report a bill or resolution in 
reference to the payment of claims of teachers, which 
was read and agreed to. 

Mr. Craig offered a resolution that the vacant niche 
on the walls of this Hall be filled with a full length 
portrait of the Hon. Howell Cobb, and that a commit- 
tee of three be appointed to make the necessary ar- 
rangements therefor, which was read and agreed to. 

Leave of absence was granted to Messrs. Guyton,, 
Rutherford, and Cloud. 

The House took a recess until 3 o'clock p m. 



Afternoon Session, 3 -o'clock p. m. 
The House reassembled. 

The following bills were read the second time and 
referred to the Committee on the Judiciary : 

A bill to create a Board of Commissioners for Mcin- 
tosh county, and for other purposes-. 

A bill to alter and amend section 3496 of Irwin's 
Revised Code. 

A bill to change the time of holding the Superior- 
Courts of the county of Gordon, was read the second 
time and committed. 



TUESDAY, J\ T OV EMBER 28, 1871. 267' 

A bill to change tlie line between the counties of 
Douglas and Paulding, and between the counties of 
Douglas and Cobb, was read the second time and re- 
ferred to the Committee on New Counties and County- 
Lines : 

The following bills were read the second time and 
referred to the Committee on Internal Improvements : 

A bill to incorporate the Atlantic, Port Valley & 
Memphis Railroad Company. 

A bill to regulate State aid, when applied to narrow- 
gauge railroads. 

The following bills were read the second time and 
referred to the Committee on Finance : 

A bill for the relief of James H. Winn, Tax Collector 
of Campbell county 

A bill for the relief of P M. Lofton, and for other 
purposes. 

The following bills were read the second time and 
ordered to be engrossed : 

A bill to authorize the Board of Commissioners of 
Liberty county to levy a tax on pistols, guns and dogs 
for county purposes. 

A bill to authorize William J. Taylor, of the county 
of Heard A to practice medicine, so far as relates to can- 
cerous diseases, and to charge and collect for the same. 

The following bills were read the second time and 
referred to the Committee on Education : 

A bill to amend an act to establish a system of pub- 
lic instruction, approved October 13, 1870, and for other 
purposes. 

A bill to secure to educational purposes the fund 
now due to the Department of Education, to fund the 
same, and for other purposes. 



268 JOURNAL OF THE HOUSE. 

A bill to alter and amend an act to incorporate the 
Georgia Military Institute, and for other purposes. 

Mr. Kelly offered a resolution requesting the Gover- 
nor to pardon John Bannon, which was referred to the 
Committee on Privileges and Memorials. 

The following bills were introduced and read the 
first time : 

By Mr. Scott— 

A bill to amend an act' to incorporate the town of 
DeSoto, in the county of Floyd, and all amendatory 
acts thereto, and to incorporate said town de novo. 

By Mr. McMillan— 

A bill to amend an act to incorporate the town of 
Clarksville, in the county of Habersham. 

Also, a bill to regulate and define the rights of cred- 
itors, who, since the first day of June, 1865, have set- 
tled with their debtors debts contracted prior to that 
time, or who have had such claims reduced to judg- 
ment or decree'in the courts, and for other purposes. 

By Mr. Netherland— 

A bill to authorize the revision of the jury-box in 
Rabun county, and for other purposes. 

The following House bills were taken up, and the 
Senate amendments thereto concurred in : 

A bill to compensate grand and traverse jurors of the 
Superior Courts of the county of DeKalb, and to -au- 
thorize the Tax Collectors to receive jury certificates 
for county taxes, and pay Constables attending the 
Superior Court of DeKalb county. 

A bill to repeal an act to declare the poll tax of this 
State for the years 1868, 1869 and 1870, yet uncollected, 
void, and to prevent the collection of the same. 

A bill to authorize the Mayor and Council of Rome 
to subscribe not exceeding one hundred thousand dol- 
lars in the Memphis Branch Railroad Company. 



TUESDAY, NOVEMBER 28, 1871. 269 

Tlie following Senate bills were read the first time : 



'o 



A bill to merge the jurisdiction of courts of law and 
equity in this State. 

A bill to make certified extracts from the books and 
records of railroad companies and chartered banks, 
evidence in certain cases. 

A bill to compensate Ordinaries, Sheriffs and Clerks 
of Superior Courts for certain services. 

A bill to amend an act to authorize the Ordinary of 
Lumpkin county to issue bonds to build a jail in said 
county 

A bill to assist the Gfeorgia Infirmary 

A bill to incorporate the LaGfrange & Barnesville 
Railroad Company 

A bill to amend section seven of an act to incorpor- 
ate the Albany & Columbus Railroad Company 

A bill to provide for taking bonds of public officers. 

A bill to require Clerks of the Superior Courts to 
provide blanks with printed instructions for taking in- 
terrogatories. 

A bill to make it a penal offence for any person re- 
tailing spirtuous liquors in this State, to sell such 
liquors to a minor without the written consent of the 
parent or guardian of said minor. 

A bill to regulate the practice of the courts on trials 
before juries in certain particulars. 

A bill to enforce article five, section twelve, para- 
graph two of the Constitution. 

A bill to alter and amend the fee bills prescribed 
under section 3646 of the Code. 

A bill to amend the third section of an act providing 
for setting apart a homestead. 

A bill to relieve joint debtors by judgment. 

A bill to require the Judges of the Superior Courts 
of this State to give in special charge to grand juries 
section 1436 of the Code. 

A bill to require the several Judges in this State to 



270 JOURNAL OF THE HOUSE. 

give specially in charge to grand juries sections 44S9, 
4490 and 4491 of the Code. 

A bill to amend section 4251 of the Code. 

A bill to repeal section 121 of the Code. 

A bill to amend an act to grant to the Savannah, 
Skidaway & Seaboard Railroad Company the right to 
construct a railway through Abercorn street. 

A bill to make slander a criminal offense. 

A bill to incorporate the Oglethorpe Fertilizing Com- 
pany 

A bill to provide a remedy by which money or prop- 
erty stolen or fraudulently or unlawfully converted or 
detained from the State, or the Western & Atlantic 
Railroad, may be recovered. 

A bill to amend an act incorporating the Evergreen 
Cemetery Company of Bonaventure. 

A bill to authorize the appointment of an auditor in 
cases of law and equity involving account. 

A bill to more effectually punish certain unlawful 
acts of violence. 

A bill to legalize the subscription of the town of 
Madison to the Griffin, Monticello & Madison Railroad 
Company 

A bill to amend an act to incorporate the Wilming- 
ton Railroad Company 

A bill to legalize the subscription of Indian Springs 
to the Griffin, Monticello & Madison Railroad Com- 
pany 

A bill to prescribe the manner of incorporating doc- 
umentary evidence in bills of exceptions. 

A bill to impose certain duties and confer certain 
powers upon the Ordinary of Union county 

A bill to incorporate the town of Luthersville, in 
Meriwether county. 

A bill to provide for the time of holding the Superior 
Courts of the Eastern Judicial Circuit. 

A bill to abolish the offices of the Western & Atlan- 
tic Railroad. 



TUESDAY, NOVEMBER 28, 1871. 271 

A bill to fix the compensation of grand, petit and 
talis jurors in the county of Decatur. 

A bill to provide the mode of adjudicating the rights 
of parties under article seven of the Constitution. 

A bill to execute the fifteenth section of article one 
of the Constitution. 

A bill to authorize the Ordinary of Cherokee county 
to issue bonds for building a court-house. 

A bill to alter, change and amend an act to incorpo- 
rate the the town of Dalton. 

A bill to change the time of holding the Superior 
Courts of the Flint Judicial Circuit. 

A bill to incorporate the Mechanics' & Traders' 
Bank of Georgia. 

The following Senate bills were read the second time 
and referred to the Committee on the Judiciary : 

A bill to prescribe for suits against joint obligors in 
the City Court of Savannah. 

A bill to amend an act to amend paragraph 2741 of 
the Code of Georgia. 

A bill to create a Board of Commissioners of Roads 
and Revenue in the county of Dawson. 

A bill to repeal an act to amend an act, assented to 
August 27, 1870. 

A bill to change the time of holding the Superior 
Courts of Talbot county. 

A bill to provide for the mode of filling vacancies in 
the office of Ordinary which may now or hereafter 
exist in the several counties of this State. 

A bill to confer additional powers upon the corporate 
authorities of the town of Barnesville, in the county of 
Pike. 

A bill to alter and amend section 649 of Irwin's 
Revised Code. 

A bill to amend an act to prescribe the practice in 
cases of injunction and other extraordinary remedies 
in equity, and the manner of taking judgments thereon 
to the Supreme Court. 



272 JOURNAL OF THE HOUSE. 

A bill to allow plaintiff's in execution to recover dam- 
ages in certain cases. 

. A bill to amend and add to the law of arson in the 
State of Georgia, 

A bill to repeal an act to organize the District Court, 
and to define its jurisdiction, and for other purposes, 
approved October 28, 1870. 

A bill to amend section 4428 of the Code of Georgia. 

A bill to alter and amend section 4779 of the Revised 
Code. 

A bilbto require the Ordinaries of the several coun- 
ties in this State, in issuing orders on the several 
Count}- Treasurers, to specify in said order the. particu- 
lar fund out of which said order ought rightfully to 
be paid. 

A bill to repeal and alter the punishment prescribed 
in the following sections of the Code of Georgia, 4270. 
4278, 4279, 4290, 4303, 4307, 4335, 4345, 4348, 4349, 
4350, 43,11, 4353, 4368, 4372, 4373, 4403, 4408,4411, and 
4412. 

A bill to repeal an act to provide for an election, and 
to alter and amend the laws in relation to the holding 
of elections. 

The following Senate bills were read the second time 
and committed : 

A bill to amend an act to create a Board of Commis- 
sioners for the county of Glynn, so as to make it apply 
to the county of Baker. 

A bill to incorporate the town of Eastman, and to 
repeal all previous acts incorporating the same. 

The following Senate bills were read the second time > 
and referred to the Committee on Internal Improve- 
ments : 

A bill to incorporate the Savannah & Thunderbolt 
Railroad Company. 
A bill to repeal an act to make permanent the site of 



WEDNESDAY, NOVEMBER 29, 1871. 273 

public buildings for the county of Heard, and to incor- 
porate .the town of Franklin. 

The following Senate bills were read the second time, 
and referred to the Committee on Corporations : 

A bill to amend an act to incorporate the town of 
Hawkinsville, in the county of Pulaski. 

A bill to incorporate the Chattahoochee Manufactur- 
ing Company. 

A bill to amend an act to open and construct a rail- 
road from Athens, Georgia, via Clarksville, in Haber- 
sham county, to some point on the Blue Ridge Rail- 
road, near Clayton, by the most practicable route. 

The following Senate bills were read tlie second time 
and referred to the Committee on Finance : 

A bill to provide for the payment of the debt of Clarke 
county. 

A bill to regulate the practice of dentistry in this 
State. 

A bill to amend the attachment laws of this State. 

The House, on motion, adjourned until 9 o' clock a. 31. 
to-morrow. 



Atlanta, Georgia, 
Wednesday, November 29, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev. Mr. Jones. 

The Journal of yesterday was read and approved. 

Mr. Pou moved to reconsider so much of the Journal 

as relates to the passage of a bill to incorporate the 

town of Colquitt, which motion prevailed. 

Mr. Gray moved to reconsider so much of the Jour- 
18 



274 JOURXAL OF THE HOUSE. 

nal as relates to the loss of a bill to exempt land used 
for agricultural purposes within the corporate limits of 
a town, city or village from taxation, which motion 
prevailed. 

Mr. Simmons of Gwinnett offered a resolution in rela- 
tion to the seat of Mr. George F Page on this floor, as 
a member from Lee county, which was referred to the 
Committee on Privileges and Elections. 

Mr. Phillips, chairman of the Committee on Privi- 
leges and Elections, submitted a report in reference to 
the seat of Mr. H. J. Sargent on this floor, as a member 
from Coweta county - 

The report was not read, and 200 copies thereof were 
ordered to be printed for the use of this House. 

On motion of Mr. McMillan, the rules were suspended, 
and the Senate bill to repeal an act to change the time 
of the annual meeting of the Legislature of this State, 
approved October 25, 1870, was read the second time 
and committed. 

The following gentlemen were announced as a com- 
mittee on the part of the House, under a joint resolu- 
tion to report upon a bill to apportion representation: 

Messrs. Hunter, Bacon and Netherland. 

The following gentlemen were announced as the 
committee to provide for the painting of a portrait of 
the Hon. Howell Cobb, under the resolution adopted 
•on yesterday : 

Messrs. Craig, Pou and Payne. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Jlr Speaker: 

The Senate has concurred in the following resolution 
of the House of Representatives, which I am instructed 
to transmit forthwith to the House of Representatives. 



WEDNESDAY, NOVEMBER 29. 1871. 



275 



A resolution in relation to the observance of Thanks- 
giving day, and appointing a committee to arrange for 
divine service in the Hall of the House of Representa- 
tives, and has appointed as such committee, on the part 
of the Senate, Mr. Hillyer. 

Mr. Crittenden offered a resolution that the joint 
resolution setting apart Thursday, 30th instant, as a 
day of Thanksgiving, be so modified as to authorize an 
afternoon session of this House at -t o'clock p. :r. on 
that day 

Mr. Cleghorn moved to amend b.y striking out "four" 
and inserting ' ' three . ' ' 

The amendment was accepted. 

Mr. Simmons of Gwinnett offered as a substitute a 
resolution that this House hold an afternoon session 
to-morrow at 3 o'clock p :x. 

The substitute was lost, and the resolution of Mr. 
Crittenden, as amended, was agreed to. 

Mr. Craig offered a resolution that this House will 
be ready at 12 o'clock :-r. to receive the Senate in this 
Hall, for the purpose of electing a State Printer. 

The resolution was agreed to. 

Mr. Goldsmith, chairman of the Committe on the 
Penitentiary, offered a resolution for the appointment 
of a committee to adjust the claims due creditors of 
the Penitential-}-, which was agreed to. 

Mr. Hall of Upson, chairman of the Committee on 
Internal Improvements, submitted the following re- 
port : 

Mr Speaker: 

The Committee on Internal Improvements has had 
under consideration the following bills, and make the 
following recommendations, to-wit : 

A bill to be entitled an act to amend an act incor- 
porating the Newnan & Americus Railroad Company, 
and recommend the same do pass. 

Also, a bill to incorporate the Atlantic, Port Valley 



276 JOURNAL OF THE HOUSE. 

& Memphis Railroad,, and recommend the same do- 
pass. 

Also, a bill to amend an act incorporating the Look- 
out Mountain Railroad, and recommend the same do 

pass. ' 

Also, a bill to incorporate the Macon & Chattahoo- 
chee Railroad Company, and recommend the same do 
pass. 

Also, a bill to amend an act to incorporate the At- 
lanta & Lookout Railroad Company, and recommend 
the same do pass. 

Also, a bill to incorporate the Atlanta & Monticello 
Narrow- Grange Railroad, and recommend the same be 
amended as follows: In section five, strike out the 
following words, to-wit: "and that in no case shall 
the owner of said lands obstruct the building of said 
railway by injunction, but shall take his, her or their 
course at the common law" Also, in section nine, 
strike out the following : ' ' and said lands so received 
in payment, or part payment of subscription to said 
capital stock, shall be free from taxation so long as 
the legal title remains in said company ; " and, with 
these amendments, recommend the same do pass. 

Also, a bill to incorporate the Macon & Knoxville 
Railroad, and recommend the following amendment in 
the third line of section three : Strike out the words, 
"may be deemed expedient," and insert in lieu thereof 
the words, "as is allowed the Georgia Railroad Com^ 
pany by their charter;" and, "with this amendment, 
recommend the same do pass. 

. Hall of Upson, Chairman. 

Mr. Hoge, chairman of the Committee on the Judi- 
ciary, submitted the following : 

Mr Speaker: 

The Committee on the Judiciary have had under con- 
sideration a number of the bills that have been referred 
thereto, and I am instructed to report as follows : 



WEDNESDAY, NOVEMBER 28, 1871. 277 

The committee recommend that a bill to be entitled 
an act to alter the law in relation to interest on money, 
be indefinitely postponed. 

A bill to be entitled an act to alter and amend sec- 
tion 2023 of Irwin's Revised Code, the committee recom- 
mend be also indefinitely postponed. 

A bill to be entitled an act to amend section 3687 of 
the Revised Code of Georgia, in reference to the with- 
drawal of claims, the committee recommend do pass. 

A bill to be entitled an act to establish a City Court 
in the city of Atlanta, the committee recommend do 
pass. 

A bill to be entitled an act to protect public roads in 
Thomas county, the committee recommend do not pass. 

A bill to be entitled an act to regulate the fees of 
Solicitors General, in the Supreme Court, is returned 
to the House, with the re sommen elation that it be re- 
ferred to the Committee on Finance. 

A bill to be entitled an act to legalize the adjourn- 
ment of the Superior Court of Elbert county, the com- 
mittee recommend do pass. 

A bill to be entitled an act to amend the laws in 
reference to wills made in another State, Territory or 
foreign country, the committee recommend do not 
pass. 

A bill to be entitled an act to amend the laws respect- 
ing nuncupative wills, the committee recommend do 
pass. 

A bill to be entitled an act to change the laws of dis- 
tribution so far as it affects the separate property of 
married women, the committee recommend do pass. 

A bill to be entitled an act to amend an act entitled 
an act to alter and amend the several acts incorporating 
the city of Macon, approved December 27, 1847, and 
the several acts amendatory thereto; to gran|; addi- 
tional powers to the Mayor and Council of the city of 
'Macon, and for other purposes, the committee recom- 
mend do pass. 

A bill to be entitled an act to change the time of 



-i?S JOURNAL OF THE HOUSE. 

lidding the Superior Court of Richmond comity, which 
the commttee recommend do pass. 

For a bill to be entitled an act to legalize the revis- 
ion of jury boxes, and to authorize and legalize 
separate juries for each week of court, and to increase 
the pay of jurors in certain cases, the committee pro- 
pose a substitute, and. recommend that it do pass. 

I am instructed to report back to the House without 
recommendation, a bill to be entitled an act to make 
penal a breach of contract for labor or service by the 
parties thereto, and for other purposes ; the committee 
being equally divided in opinion as to the desirable- 
ness of the passage of the bill. 

E. F Hoge, Gliairman. 

The following message was received from the Execu- 
tive Department, through. Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr. Speaker : 

His Excellency the Governor has approved and 
signed the following resolution, to-wit : 

A resolution instructing the joint Committee on 
Finance of both Houses to proceed forthwith to inves- 
tigate all matters touching the transactions in bonds, 
moneys and other securities of the State of Georgia, 
between Haifa s B. Bullock, Henry Clews & Co., the 
National Bank of Atlanta, and other parties, with 
power to send for persons and papers. 

Also, a resolution in relation to the observance of 
Thanksgiving day 

The Clerk proceeded to call the roll of the counties 
for the introduction of new matter, and the following 
bills v^ere introduced and read the first time : 

By Mr. Goodman — 

A bill to authorize Douglas county to take stock in 
the Georgia Western Railroad. 



WEDNESDAY, NOVEMBER 29, 1871. 279 

By Mr. Heidi— 

A bill to provide for and enforce a registration of 
voters in the county of Chatham. 

By Mr. Woodward — 

A bill to exempt maimed persons from the payment 
of poll tax. 

Also, a bill to alter and amend an act to incorporate 
the town of Montezuma, in the county of Macon. 

Also, a bill to incorporate the town of Vienna, in 
Dooly county 

Also, a bill to authorize the Ordinary and Road 
Commissioners of the county Dooly, to classify the 
public roads in said county, and define the width, and 
prescribe the amount of work to be done thereon. 

By Mr. Edwards — 

A bill to construct a railroad from Elberton, Geor- 
gia, to intersect with the New York & New Orleans- 
Air- Line Railroad, by the most practicable route, and 
for other purposes. 

By Mr. Nutting— 

A bill to incorporate the Nutting Cotton Manufac- 
turing Company . 

Also, a bill to incorporate the Central Insurance 
Company of Georgia. 

By Mr. Franklin — 

A bill to increase the pay of grand and petite jurors 
in the county of Fannin. 

Also, a bill to entitle F W Dawes to practice medi- 
cine in the county of Fannin. 

By Mr. Hoge— 

A bill to repeal the eighth section of an act to levy 
and. collect a tax for the support of the government 
for the year 1869. 

Also, a bill to incorporate the Northern Bank of the 
State of Georgia. 

By Mr. Jackson — 

A bill for the relief of J. I. Miller. 

Also, a bill to require Justices of the Peace and No- 
taries Public ex-officio Justices of the Peace, to keep 



■280 JOURNAL OF THE HOUSE. 

dockets and to exhibit them to the grand juries of their 
respective counties. 

By Mr. MeWhorter— 

A bill to give the several Ordinaries of this State 
power to appoint commissioners of public roads. 

By Mr. Simmons of Gwinnett — 

A bill for the relief of John M. Peden, former Tax 
Collector of Gwinnett county 

By Mr. Pierce — 

A bill to amend the several acts incorporating the 
town of Sparta. 

By Mr. "Watters— 

A bill to relieve the securities of IS" O. Alexander, 
Tax Collector of Jasper county for the year 1868. 

By Mr. Griffin of Houston — 

A bill to exempt Justices of the Peace and Judicial 
Notaries Public from jury duty. 

By Mr. Beaseley — 

A bill to compensate the grand and petit jurors of 
the county of Jefferson, by paying them mileage. 

By Mr. Pou— 

A bill to change the time of holding the Superior 
Court of Muscogee county 

Also, a bill to authorize Nicholas J. Fogarty, of the 
county of Muscogee, to practice medicine, and to charge 
for the same. 

By Mr. Bunn — 

A bill to make it the duty of the several Tax Receiv- 
ers of this State to collect agricultural statistics, in 
addition to their other duties. 

By Mr. Crittenden — 

A bill to relieve maimed and indigent persons from 
paying a poll tax or doing public duty. 

By Mr. McNeal— 

A bill to protect the people of this State in the rear- 
ing of oysters and fish in the tide waters thereof, and 
for other purposes. 

Also, a bill to amend an act to create a Board of 



WEDNESDAY, NOVEMBER 29, 1871. 281 

'Commissioners of Eoads and Revenue in the county of 
'Crlynn. 

Also, a bill to protect the people of this State against 
discrimination in the transportation of freight and pas- 
sengers, by requiring all persons owning, controlling 
or operating any railroad to establish and collect uni- 
form rates for the transportation of freight and passen- 
gers. 

By Mr. Snead — 

A bill to prescribe the mode of payment of costs in 
criminal cases to Magistrates and Constables of Rich- 
mond county. 

By Mr. Gumming— 

A bill to incorporate the Oglethorpe Manufacturing 
Company of Augusta. 

By Mr. Hudson — 

A bill to amend the charter of the Americus & Isa- 
bella Railroad Company 

By Mr. Hall of Upson— 

A bill to prescribe the manner of enforcing attorney's 
liens, and for other purposes. 

By Mr. Barksdale— 

A bill to change the line between the counties of 
Warren and McDuffle. 

This bill was accompanied by a memorial from cer- 
tain citizens of McDuffie county 

By Mr. Slaton— 

A bill to change the line between the counties of 
Wilkes and Taliaferro. 

By Mr. Cumming — 

A bill to amend an act to facilitate the sale of real 
•estate in Georgia, and to encourage immigration thereto. 

By Mr. Pou— 

A bill to amend the laws of this State in relation to 
fences and enclosures, and for other purposes. 

By Mr. Sargent — 

A bill to incorporate the Peoples' Savings Bank of 
Newnan. 

On motion, the rules were suspended, and a bill to 



282 JOURNAL OF THE HOUSE. 

enforce article three, section six, paragraph five of the 
Constitution, and to protect the interest of the State in 
extending aid to railroads, was read the second time 
and referred to the Committee on the Judiciaiy 

A Senate bill to protect the people of the State of 
Georgia against the illegal and fraudulent issue of 
bonds and securities, and for other purposes, was read 
the second time and committed. 

The following message was received from the Ex- 
ecutive Department, through Mr. Corson, Secretary 
thereof, to- wit: 

Mr SpcdJcer : 

I am directed by his Excellency the Governor, to de- 
liver to the House of Representatives a communication 
in writing, with accompanying documents. 

The message was not taken up. 

Mr. Davis of Newton, chairman of the Committee on 
Agriculture and Manufactures, made the following re- 
port, to -wit: 

Mr. Speaker ; 

The Committee on Agriculture and Manufactures, to 
whom w r as referred the following bills, have had the 
same under consideration, and make the tollowing re- 
port, to-wit: 

A bill entitled an act to alter and amend section 1977 
of Irwin's Revised Code of Georgia, and recommend 
that it do not pass. 

Also, a bill entitled an act to regulate lost time of 
laborers, and recommend that it do not pass. 

Also, a bill to be entitled an act to amend an act en- 
titled an act to amend an act passed March 13, 1869, 
entitled an act to amend an act entitled an act to pro- 
tect the planters of this State from imposition in the 
sale of fertilizers, and recommend that it do pass. 



WEDNESDAY, NOVEMBER 29, 1871. 283 

Also, a bill to be entitled an.act to compel non-resi- 
dents of the county of Worth, who own, herd, pen or 
graze sheep in said county, to pay the ad valorem tax 
on same to the Tax Collector of Worth county, and 
recommend that the same do pass. 

Also, an act to be, entitled an act to make it criminal 
for any person to hunt on the lands of another, with- 
out the consent of the owner, and recommend that the 
same do pass. 

Also, an act entitled an act to prohibit parties from 
driving or carrying away stock from their range, and 
for other purposes, and recommend that the same do 
pass. ' 

Also, a bill to be entitled an act relating to fences. 
and for the protection of crops, and recommend that 
the same do not pass. 

J B. Davis, Chairman. 

Mr. Goldsmith, chairman of the Committee on the 
Penitentiary, submitted the following report : 

Mr Speaker: 

The Committee on the Penitentiary have had under' 
consideration a bill to be entitled an act to regulate 
the system of farming out the Penitentiary convicts, 
and for other purposes, which they report back to the 
House with a recommendation that the same do not 
pass. 

Said committee also instruct me to report the resolu- 
tion herewith transmitted, which they recommend do- 
pass, to-wit: 

A resolution to appoint a committee of two to exam- 
ine and adjust the claims due creditors of the Peniten- 
tiary, and report at the January adjourned session of" 
this General Assembly, with a view to the payment of 
the same. W L. Goldsmith, 

Cliairman Penitentiary Committee. 

Mr. Cumming, cliairman of the Committee on Banks,, 
submitted the following report : 



284 JOURNAL OF THE HOCSE. 

31 r Specdrr: 

The Committee on Banks have had under considera- 
tion a bill to be entitled an act to incorporate the Me- 
chanics' Loan & Trust Company of Cuthbert, Georgia, 
and recommend that the third section thereof be 
amended by striking out the words, "and liens on 
crops to be raised ; " also, by striking out the follow- 
ing language, to-wit: "and to advance and loan mon- 
eys at such rates of interest as may be agreed upon by 
the parties contracting : Provided, That saidcompany 
shall have no power to collect more than 20 per cent, 
per annum on any contract made with them: And 
provided further, That where no rate of interest is 
named the legal rate of interest in force in this State 
at the date of such contract shall be chargeable and 
collectable." 

The committee also recommend that the ninth section 
of this bill be amended by striking out the words 
following, to-wit : ' ' without reference to whether said 
advance is due or not." With these amendments, the 
committee recommend that this bill do pass. 

The committee have also had under consideration, a 
bill to be entitled an act to incorporate the Merchants' 
& Mechanics' Savings Bank of Columbus, Georgia, and 
recommend that the eighth section of said bill be 
amended so as to read as follows, to-wit: "That the 
said company shall be responsible to its creditors to 
the extent of its property, and the stockholders shall 
be ultimately liable for all the debts and liabilities of 
the company made or incurred during the time they 
are stockholders, in proportion to the number of shares 
held by them respectively," and that when so amended 
the bill do pass. 

The committee have also had under consideration a 
bill to be entitled an act to incorporate the Exchange 
Bank of Macon, and recommend that said bill do pass. 

The committee have also had under consideration a 
bill to be entitled an act to incorporate the Georgia 
Industrial Agency, and to aid railroad companies, far- 



WEDNESDAY, NOVEMBER 29, 1871. 285 

mers, manufactories, and others, to obtain loans and 
advances of money and of credits upon more favora- 
ble terms tlian such loans and credits are usually given 
by banks, and recommend that said bill do not pass. 

James B. Gumming, 
Chairman of Committee on Banks. 

The following resolutions were offered : 

By Mr. Pierce— 

A resolution instructing the Committee on the Judi- 
ciary to report whether any legislation is necessary in 
reference to filling the vacancy in the office of Chief 
Justice. 

By Mr. Sargent— 

A resolution for the relief of the Hon. Dennis P 
Hammond. 

By Mr. Phillips— 

A resolution for the appointment of a joint commit- 
tee upon the subject of wild lands. 

By Mr. Riley— 

A resolution in relation to the offering of rewards for 
the arrest of criminals. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary, thereof : 

Mr Speaker: 

The Senate has concurred in a resolution of the 
House of Representatives in relation to the resolution 
adopted November 28, 1871, relative to the observance 
of Thanksgiving day. 

The President of the Senate has appointed the follow- 
ing committees under a joint resolution appointing 
various committees to inquire into the different depart- 
ments of the State government, to- wit : 

To investigate the official conduct of Rufus B. Bul- 
lock, late Governor of this State, Messrs. Nicholls and 
Wellborn. 



286 JOURNAL OF THE HOUSE. 

To investigate the administration and management 
of the Western & Atlantic Railroad, Messrs. Lester and 
Clark. 

To investigate the fairness or unfairness of the lease 
of the Western & Atlantic Railroad, Messrs. Reese 
and Nunnally 

To investigate the conduct of the commissioners 
appointed under the act approved October, 1870, to 
audit claims against the Western & Atlantic Railroad, 
Messrs. Hoyle and Brown. 

Mr. Craig, chairman of the Enrolling Committee, 
submitted the following report : 

2Ir Speaker: 

The Committee on Enrollment report as duly enrolled 
and ready for the signature of the Speaker of the House 
of Representatives, the following joint resolution, to- 
wit: 

A resolution appointing certain committees to inquire 
jnto the various departments of the State Government, 
and report to the next session of this General Assem- 
bly 

H. L. W Craig, Chairman, 

The hour of 12 o'clock m. having arrived, the Senate 
attended in the Hall of the House of Representatives, 
and the General Assembly, after being called to order 
by the President of the Senate, proceeded to the elec- 
tion of a State Printer. 

Th<> Secretary of the Senate and the Clerk of the 
House of Representatives proceeded to call the rolls of 
their respective houses — the Senators and Representa- 
tives voting tina voce — when, upon receiving and add- 
ing up the votes, it appeared that W A. Hemphill, of 
the county of Fulton, had received 154 ; S. W Grubb, 
of the county of Fulton, 7 ; J. Born, 1 ; and Rough 
Rice, 1. 

So William A. Hemphill was declared elected State 
Printer. 



WEDNESDAY, NOVEMBER 29, 1871. 287 

On motion, the Senate repaired to their chamber. 

The following bills were read the third time and 
passed : 

A bill to establish a permanent board of education 
and orphanage for the county of Bibb, and to incor- 
porate the same. 

A bill to compensate the Clerk and Sheriff of the 
Superior Court and other officers for services rendered 
in the District Court of Richmond county, and for other 
purposes. 

A bill to change the time of holding the Superior 
Court of Richmond county 

A bill to fix the compensation of grand and petit 
jurors in the counties of Rabun and Towns. 

A bill to authorize the reception of depositions during 
the vacation of the courts from post-masters and others, 
was read the third time and lost. 

A resolution for the appointment of a joint committee 
of one from the Senate and two from the House, to visit 
Washington City, and co-operate with our members in 
urging upon Congress the importance of opening water 
communication between the Atlantic and Mississippi, 
was taken up. 

Mr. Lang moved to lay the same upon the table, and 
the motion prevailed. 

Leave of absence was granted Messrs. Booth, Hend- 
ley, Barron, and Morris. 

The House took a recess until 3 o'clock p. m. 



2SS JOURNAL OP THE HOUSE. 

Afteknoox Session, 3 o'clock p. m. 

The House reassembled. 

The following bills were read the second time, and 
referred to the Committee on Corporations : 

A bill to amend an act to incorporate the town of 
Clarksville, in the county of Habersham. 

A bill to amend an act to incorporate the town of 
DeSoto, in the county of Floyd, and all amendatory 
acts thereto, and to said town de noco. 

xl bill to secure to educational purposes, the fund 
now due to the department of education, to fund the 
same, and for other purposes, was read the second 
time and referred to the Committee on Education. 

A bill to authorize the revision of the jury-box of 
Rabun county, and for other purposes, was read the 
second time and ordered to be engrossed. 

A bill to define the rights of creditors who since the 
1st day of June, 1865, have settled with their debtors, 
debts contracted prior to that time, or who have had 
such claims reduced to judgment or decree in the 
courts, and for other purposes, was read the second 
time and referred to the Committee on the Judiciary, 

A resolution in relation to the committee having in 
charge the books and papers of the Western & Atlantic 
Railroad, was taken up and referred to the Committee 
on Finance. 

The following Senate bills were read the second time 
and committed : 

A bill to fix the compensation of grand, petit and 
tales jurors in the county of Decatur. 

A bill to require Judges of the Superior Courts to 
provide blanks with instructions for taking interroga- 
tories. 

A bill to alter and amend the fee bill prescribed 
under section 3646 of Irwin's Revised Code. 



WEDNESDAY, NOVEMBER 29, 1871. 289 

A bill to legalize the subscription of the town of 
Madison to the Griffin, Monticello & Madison Railroad 
Company. 

A bill to more effectually punish certain unlawful 
acts of violence. 

A bill to abolish the offices of the Western & Atlantic 
Railroad. 

A bill to authorize the appointment of an auditor in 
cases of law and equity involving account. 

A bill to amend an act to incorporate the Wilmington- 
Railroad Company 

A bill to amend the third section of an act providing 
for the setting apart of a homestead. 

A bill to amend an act incorporating the Evergreen 
Cemetery ^Company of Bonaventure. 

A bill to provide a remedy by which money or prop-- 
erty stolen or fraudulently or unlawfully converted or 
detained from the State, or the Western & Atlantic 
Railroad, may be recovered. 

A bill to amend an act to authorize the Ordinary of 
Lumpkin county to issue bonds to build a jail in said 
county. 

The following Senate bills were read the second time 
and ordered to be engrossed : 

A bill to authorize the Ordinary of Cherokee county 
to issue bonds of said county for the purpose of build- 
ing a court-house. 

A bill to make it a penal offense for any person 
retailing spirituous liquors in this State to furnish any 
such liquors to any minor, without the written consent 
of the parent or guardian of such minor. 

A bill to alter and amend an act to incorporate the 
town of Decatur. 

The following Senate bills were read the second time 
and referred to the Committee on the Judiciary : 

A bill to repeal so much of an act, assented to Octo- 
19 



290 JOURNAL OF THE HOUSE. 

ber 17, 1870, as creates the Allapaha Judicial Circuit, 
and to add the county of Lowndes to the Southern 
Judicial Circuit, and the counties of Echols, Clinch, 
Coffee and Ware to the Brunswick Judicial Circuit. 

A bill to provide the mode of adjudicating the rights 
of parties under article seven of the Constitution of this 
State. 

A bill to regulate the practice of the courts on trials 
before juries in certain cases. 

A bill to require the several Judges of the Superior 
Courts of this State to give in special charge to grand 
juries sections 4489, 4490 and 4491 of the Code. 

A bill to enforce article five, section twelve, paragraph 
two of the Constitution. 

A bill to change the time of holding the Superior 
Courts of the Flint Judicial Circuit. 

A bill to repeal section 121 of the Code. 

A bill to amend section 4251 of Irwin' s Revised Code. 

A bill to execute the fifteenth section of article one 
of the Constitution. 

A bill to legalize the subscription of Indian Springs 
to the Griffin, Monticello & Madison Railroad Com- 
pany 

A bill to merge the jurisdiction of courts of law and 
equity in this State. 

A bill to make slander a criminal offense. 

A bill to relieve joint debtors by judgment. 

A bill to prescribe the manner of incorporating doc- 
umentary evidence in bills of exceptions. 

A bill to impose certain duties and confer certain 
powers upon the Ordinary of Union county 

A bill to provide for the time of holding the Supe- 
rior Courts of the Eastern Circuit. 

A bill to provide for taking bonds of public officers 
and qualifying them. 

A bill to make certified extracts from the books and 
records of railroad companies and chartered banks, 
evidence in certain cases. 

A Senate bill to incorporate the town of Luthersville, 



WEDNESDAY, NOVEMBER 29, 1871. 291 

was read the second time and referred to the Commit- 
tee on Corporations. 

The following Senate bills were read the second time 
and referred to the Committee on Internal Improve- 
ments : 

A bill to amend an act to grant to the Savannah, 
Skidaway & Seaboard Railroad Company the right to 
construct a railway through Abercorn street. 

A bill to amend the seventh section of an act to in- 
corporate the Albany & Columbus Railroad Company 

The following Senate bills were read the second time 
and referred to the Committee on Finance : 

A bill to compensate Ordinaries, Sheriffs and Clerks 
of Superior Courts for certain services. 

A bill to assist the Georgia Infirmary 

A Senate bill to incorporate the Mechanics' & Tra- 
ders' Bank of Georgia was read^the 'second time, and 
referred to the Committee on Banks. 

The following Senate bills were read the second time 
and referred to the Committee on Agriculture and 
Manufactures : 

A bill to incorporate the Oglethorpe Fertilizing Com- 
pany 

A bill to incorporate the LaGrange & Barnesville 
Railroad Company . 

On motion, the House adjourned until 3 o'clock p. 
m. to-morrow. 



oqo JOURNAL OF THE HOUSE. 

Atlanta, Georgia, 
Thursday, November 30, 1871. 
3 o'clock p. m. 

The House met pursuant to adjournment, and was 
called to order by the Speaker. 

The Journal of yesterday was read and approved. 

Mr. Rawles moved to reconsider so much of the 
Journal as relates to the adoption of a resolution for 
the appointment of a committee to adjust the claims 
due creditors of the Penitentiary 

The motion prevailed. 

Mr. Woodward introduced a bill to incorporate the 
Steam Road Wagon Company of Georgia, which was 
rend the first time 

The following Senate bills were read the third time 
and passed : 

A bill to repeal an act to change the time of the an- 
nual meeting of the Legislature of this State, approved 
October 25, 1870. 

A bill to amend an act to create a Board of Commis- 
sioners for the county of Glynn, so as to make it apply 
to the county of Baker. 

A bill to make permanent the site of the public 
buildings for the county of Heard, and to incorporate 
tli" town of Franklin. 

Mr. Hall of Upson, chairman of the Committee on 
Internal Improvements, submitted the following re- 
port : 

Jlr XptaTcer : 

The Committee on Internal Improvements have had 
under consideration the following bills, and make the 
following recommendations, to-wit : 

A bill to repeal an act to make permanent the site of 
the public buildings of Heard county, and for other 
purposes, and recommend the same do pass. 



THURSDAY, NOVEMBER 30, 1871. 293 

Also, a bill to regulate State aid, when applied to 
narrow-gauge railroads, and recommend the same do 
not pass. 

Also, a bill to incorporate the Savannah & Thunder- 
bolt Railroad Company, and recommend the following 
amendments, to- wit : Strike out the word "exclusive," 
in the twelfth section, and wherever the same occurs 
in said bill; and, with this amendment, recommend 
the same do pass. 

Haxl of Upson, Chairman. 

Mr. Hoge, chairman of the Committee on the Judi- 
ciary, submitted the following report : 

Mr. Speaker : 

The Committee on the Judiciary, to whom was refer- 
red a bill to be entitled an act to create a Board of 
Commissioners for Mcintosh county, and for other 
purposes, has had the same under consideration, and 
for it a substitute is proposed by the committee, and 
its passage recommended. < 

E. F. Hoge, Chairman. 

Mr. William D. Anderson, chairman of the Commit- 
tee on Corporations, submitted the following report : 

Mr. Speaker : 

The Committee on Corporations have considered the 
following bills, to-wit : 

A bill to be entitled an act to amend an act to incor- 
porate the town of New Gibralter, in DeKalb county, 
to change the name of the same to Stone Mountain, etc., 
which they recommend do pass. 

A bill to be entitled an act to incorporate the Atlanta 
& Tennessee Railroad, report it back without recom- 
mendation. 

A bill to be entitled an act to amend the charter of 
the town of Fort Gaines, which they recommend do 
pass as amended. 



■2!U JOURNAL OF THE HOUSE. 

A bill to be entitled an act to incorporate the Dalton 
& Southwestern Railroad Company, -which they recom- 
mend do pass. 

A bill to incorporate the town of Butler, in the 
count}- of Taylor, which they recommend do pass. 

A bill to incorporate the town of Jeffersonville, in 
ihe couihy of Twiggs, which they recommend do pass. 

A bill to incorporate the Stone Mountain, Lawrence- 
ville ct Athens Railroad Company, etc., which they 
recommend do not pass. 

An act entitled an act to amend an act to incorporate 
the town of Kingston, in Bartow county, which they 
recommend do jmss. 

A bill entitled an act to alter and change the road 
laws so far as applies to the county of Worth, which 
th'.y recommend do not pass. 

An act to amend an act to extend the corporate 
limits of the town of Hartwell, which they recommend 
do pass. 

A bill to be entitled an act to amend an act to incor- 
porate the town of Thomson, in the county of Columbia, 
now McDuffie, approved December 16, 1S59, which 
tiny recommend do pass. 

A bill to incorporate the College of Pharmacy and 
Health in the city of Macon, which they recommend 
do not pass. 

An act entitled an act to incorporate the town of 
Clinton, in the county of Jones, etc., which they 
recommend do pass as amended. 

A bill to be entitled an aot to incorporate the town 
of Jefferson, and confeUcertain powers on the commis- 
sioners thereof, which they recommend do pass as 
amended. 

An act to amend an act entitled an act to incorporate" 
the town of Norcross,[in the county of Gwinnett, which 
they recommend do pass as amended. 

A bill to incorporate^the^Gfeorgia Diamond Mining 
Compan3 r , which they recommend do pass as amended. 



THURSDAY, NOVEMBER 30, 1871. 295 

An act to incorporate the Mutual Protection Insur- 
ance Company, which they recommend do pass. 

A bill to be entitled an act to incorporate the town 
of Resaca, and for other purposes, which they recom- 
mend do pass as amended. 

An act to amend an act entitled an act to incorporate 
,an insurance company in the city of Columbus, to be 
called the Home Fire & Marine Insurance Company of 
Columbus, Georgia, which they recommend do pass as 
amended. 

A bill to be entitled an act to incorporate a Board of 
Commissioners for the county of Meriwether, etc., which 
they recommend do pass. 

An act to alter and amend an act entitled an act to 
amend and alter the charter of the city of Columbus, 
approved eighth March, 1866, which they recommend 
do pass. 

An act entitled an act to amend the act to incorpor- 
ate the town of Morgan, in the county of Calhoun, 
approved March 8, 1856, which they recommend do 
pass. 

An act to incorporate the town of Leeton, to appoint 
a town council for the same, etc., which they recom- 
mend do pass. 

A bill to change the county site of Clarke county 
from Watkinsville to the town of Athens, and for other 
purposes, which they recommend do not pass. 

A bill to be entitled an act to amend an act entitled 
an act to incorporate the Grand Lodge, Knights of 
Jericho, of the State of Georgia, and for other purposes 
therein named, which they recommend do pass. 

A bill to be entitled an act to incorporate the Grand 
Bay Paper Manufacturing Company, which they re- 
commend do pass as amended. 

A bill to incorporate the city of Dawson, in Terrell 
county, and for other purposes, which they recommend 
do pass as amended. 

William D. Andekson, CJiairman. 



296 JOURNAL OF THE HOUSE. 

Leave of absence was granted Messrs. Booth, John- 
son of Jefferson, Cato, and Clark of Tronp. 

A Senate bill to repeal the usury laws of this State, 
and fix the rate of interest in cases where contracting 
parties do not fix the same in writing, was read the 
third time. 

Mr. W D. Anderson moved to postpone the bill in- 
definitely. 

Pending action, the House, on motion, adjourned 
until 9 o'clock a. m. to-morrow. 



Atlanta, Georgia, 
Friday, December 1, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
the Chaplain. 

The Journal of yesterday was read and approved. 

On motion of Mr. Pierce, the rules were suspended, 
and the following bills were read the second time and 
referred to the Committee on the Judiciary: 

A bill to amend an act to create a Board of Commis- 
sioners of Roads and Revenue, in the county of Glynn. 

A bill to prescribe the mode of payment of costs in 
criminal costs to Magistrates and Constables of Rich- 
mond county 

A bill +o authorize the Ordinary and Road Commis- 
sioners of the county of Dooly, to classify the public 
roads in said county, and prescribe the amount of work 
to be done thereon. 

A bill to give the several Ordinaries of this State, 
power to oppoint commissioners of public roads. 

A bill to' require Justices of the Peace and Notaries 
Public ex-officio Justices of the Peace, to keep dockets 



FRIDAY, DECEMBER 1, 1871. 297 

rand to exhibit them to the grand juries of their respec- 
tive connties. 

A bill to increase the pay of grand and traverse ju- 
rors in the county of Fannin. 

A bill to incorporate the town of Vienna, in Dooly 
county. 

A*bill to exempt Justices of the Peace and Judicial 
Notaries Public from jury duty 

A bill to change the time of holding the Superior 
Courts of Muscogee county 

A bill to authorize Nicholas J. Fogarty, of Musco- 
gee county, to practice medicine and to charge for the 
same. 

A bill to relieve maimed and indigent persons from 
a poll tax or doing public duty. 

A bill to amend an act to facilitate the sale of real 
estate in Georgia, and to encourage immigration 
thereto. 

A bill to prescribe the manner of enforcing attorneys' 
liens, and for other purposes. 

A bill to amend the laws of this State in relation to 
fences and enclosures, and for other purposes. 

A bill to protect the people of this State in the rear- 
ing of oysters and fish in the tide-waters thereof, and 
for other purposes. 

A bill to compensate grand and petit jurors of the 
county of Jefferson, by paying them mileage. 

Mr. Craig, chairman of the Enrolling Committee, 
submitted the following report : 

Mr. Speaker: 

The Committee on Enrollment report as duly enrolled 
and ready for the signature of the Speaker of the House 
of Representatives, the following bills, to-wit : 

A bill to be entitled an act to repeal an act entitled 
an act to declare the poll tax of this State for the years 
1868, 1869 and 1870, yet uncollected, illegal, and to 
prevent the collection of the same. 



298 JOURNAL OF THE HOUSE. 

Also, a bill to be entitled an act to amend an act 
entitled an act to authorize the Mayor, and Council of 
Rome to subscribe not exceeding one hundred thou- 
sand dollars of stock in the Memphis Branch Railroad, 
and for other purposes. 

Also, a bill to be entitled an act to compensate grand 
and traverse jurors of the county of Polk. 

Also, a bill to be entitled an act to repeal an act enti- 
tled an act to organize the District Court, and define 
its jurisdiction, and for other purposes. Approved 
October 30, 1870. 

Also, a bill to be entitled an act to authorize the 
County Commissioners of Pike county to audit claims 
of officers for extra services, and for other purposes. 

Also, a bill to be entitled an act to change the char- 
ter of the University of Georgia, so as to add four addi- 
tional trustees to the Board, and give the election of 
said trustees to the Alumni Society. 

Also, a bill to be entitled an act to change the line 
between the counties of Mcintosh and Liberty - 

Also, a bill to be entitled an act to repeal an act 
entitled an act to provide for an election, and to alter 
and amend the laws in relation to the holding of elec- 
tions, approved October 3, 1870. 

' H. L. W Ciiaig, Chairman. 

Mr. Hoge, chairman of the Committee on the Judi- 
ciary, submitted the following report : 

Mr. Speaker: 

The Committee on Judiciary have had under consid- 
eration a number of the bills referred thereto, and I 
am instructed to report as follows : 

A bill to be entitled an act to require defendants to 
pay costs in certain cases before filing affidavits of 
illegality, the committee recommend do not pass. 

A bill to be entitled an act to amend the laws in re- 
lation to the punishment of capital offenses, the com- 
mittee recommend do not pass. 



FRIDAY, DECEMBER 1, 1871. 299 

A bill to be entitled an act to authorize Jonathan 
Ross, of Schley county, guardian of Sterling Gf. Carter,, 
a minor, to settle with his ward, and to make legal and 
binding said settlement, as if his said ward was of the 
age of twenty-one years, the committee recommend do 
not pass. 

A bill to be entitled an act to repeal an act entitled 
an act to create a Board of Commissioners of Roads 
and Revenue, in the county of Richmond, the commit- 
tee recommend do pass. 

A bill to be entitled an act to authorize persons who 
have purchased real estate in the county of Rabun, 
since the first day of June, 1865, (for reasons therein 
named,) to have their deeds recorded within twelve 
months from the passage of this act ; and to protect 
all their rights when said deeds are so recorded, and 
for other purposes, the committee recommend do not 
pass. 

A bill to be entitled an act to render certain slanders 
penal, and provide a punishment for the same, the 
committee recommend do not pass. 

A bill to be entitled an act to authorize Sheriffs and 
other levying officers to collect advertising fees and 
costs of keeping property in their possession, as now 
provided for, before accepting an affidavit of illegality 
or claim, the committee recommend do not pass. 

A bill to be entitled an act to authorize parties in 
certain cases, to file bills of exception, the committee 
recommend do not pass. 

A bill to be entitled an act to amend an act entitled 
an act to amend and secure the produce, profits and 
rents arising from homesteads, in this State, the com- 
mittee recommend do not pass. 

A bill to be entitled an act to prevent the sale of 
spirituous liquors in a mile of Clements' Institute, etc., 
the committee recommend do not pass. 

A bill to be entitled an act to change the seventh 
paragraph of section 1711 of Irwin's Revised Code, 
the committee recommend do not pass. 



-300 JOURNAL OF THE HOUSE. 

A bill to be entitled an act to authorize and require 
the Tax Collector of the county of Meriwether to have 
his office at the court-house of said county, the com- 
mittee recommend do pass. 

A bill to be entitled an act to amend the road laws 
of this State, so far as they relate to the county of 
Lumpkin, the committee proposes to amend by strik- 
ing out the second section; and, when so amended, 
recommend that it do pass. 

A bill to be entitled an act to organize a new Judi- 
cial Circuit, etc., the committee recommend do not 
pass. 

A bill to be entitled an act to alter and amend an 
act entitled an act to fix the compensation for taking 
down, in writing, the evidence on charges of felony, 
approved October 10, 1868, the committee recommend 
do pass. 

A bill to be entitled an act to enforce contracts of 
immigrants and laborers, and, for this purpose, to 
make the wages of said immigrants and laborers liable 
to garnishment in any suit to recover the amount of 
advances to said immigrants and laborers, in any suit 
for damages sustained through the failure or refusal 
of said immigrants and laborers to comply with said 
contracts, the committee recommend do not pass. 

A bill to be entitled an act to amend section 4476 of 
Irwin' s Revised Code, in relation to vagrants, the com- 
mittee recommend do not pass. 

A bill to be entitled an act, to restrict the operation 
of the* several sections of Irwin's Revised Code, from 
section 2333 to 2346, both inclusive, which declare cer- 
tain lands subject to entry, under the various acts 
granting head rights, and which provide for legally 
effecting such entry, and for other purposes, that none 
of the said sections shall apply to, or be of any force 
in, the counties of Hart and Habersham, the committee 
recommend do not pass. 

For a bill to be entitled an act to alter and amend 
the several acts incorporating the city of Milledgeville, 



FRIDAY, 'DECEMBER 1, 1871. 301 

and for other purposes, the committee propose a sub- 
stitute, and recommend that it do pass. 

A bill to be entitled an act to alter and amend the 
several sections of Irwin's Revised Code from section 
2716 to 2730, both inclusive, which relates to court 
contracts, the manner of executing, filing, construing, 
enforcing and rescinding the same and awarding dama- 
ges for breaches thereof ; and to provide a speedy and 
effectual method of carrying out the spirit and intent 
of the law, as to such contracts, the committee pro- 
poses to amend by striking out the second section, and 
recommend that, when so amended, it do pass. 

A bill to be entitled an act to repeal section 2349 of 
Irwin' s Revised Code, which provides for the appoint- 
ment of processioners, and for other purposes, the 
committee recommend do not pass. 

A bill to be entitled an act to alter and amend sec- 
tion 3178 of Irwin's Revised Code, in relation to hold- 
ing adjourned terms of the Superior Court, and the 
trial of causes therein, etc., and for other purposes, the 
committee recommend do not pass. 

A bill to be entitled an act to make slander, or oral 
defamation criminal, and to provide for the punish- 
ment of the same, and for other purposes, the commit- 
tee recommend do not pass. 

A bill to be entitled an act declaring of whom juries 
shall be composed, in certain cases, the committee re- 
commend do_ not pass. 

A bill to be entitled an act to fix the pay of grand 
and petit jurors and bailiffs of the Superior Courts of 
the county of Terrell, the committee recommend do 
pass. 

A bill to be entitled an act to abolish the District 
Courts of this State, the committee recommend do not 
pass. 

A bill to be entitled an act to alter and amend sec- 
tion 1640 of Irwin' s Revised Code, the committee recom- 
mend do not pass. 

A bill to be entitled an act to prevent and make ille- 



302 JOURNAL OF THE HOUSE. 

gal the collection of costs in any cause to which the 
State may be a party, nntil the final termination of the 
same, the committee recommend do not pass. 

For a bill to be entitled an act to repeal so much of 
section 699 of Irwin' s Code, as exempts certain classes 
from road duty, and for other purposes, the committee 
proposes a substitute, and recommend that it do pass. 

A bill to be entitled an act to amend the laws of this 
State in relation to garnishments, the committee recom- 
mend do pass. 

A bill to be entitled an act to extend the right to 
unite parties in matrimony, to all practicing attorneys 
in this State, the committee recommend do not pass. 

A bill to be entitled an act to change the time for the 
annual meeting of the Legislature of this State, the 
committee recommend do pass. 

A bill to be entitled an act to provide for the regis- 
tration of the legal voters of Liberty county, and for 
other purposes, the committee recommend do not pass. 

A bill to be entitled an act to provide for certain 
sales, with right of redemption by the vendor, and to 
fix a penalty for illegal acts done in connection with 
and pursuance of said sales, and for other purposes, I 
am instructed to report back, with the recommendation 
that it lie on the table. 

A bill to be entitled an act to repeal an act entitled 
an act to create the Allapaha Judicial Circuit, approved 
October 19, 1870, the committee recommend be indefi- 
nitely postponed. 

A bill to be entitled an act to prohibit and make 
penal the sale of any farm products, etc., in the county 
of Dooly, the committee recommend do pass. 

A bill to be entitled an act to repeal so much of an 
act entitled an act to create and organize two new 
Judicial Circuits out of the counties comprising the 
Southwestern, Brunswick and Southern Judicial Cir- 
cuits, as relates to the creation and organization of the 
Allapaha Circuit, and for the other purposes therewith 



FRIDAY, DECEMBER 1, 1871. 303 

connected, the committee recommend be indefinitely 
postponed. 

A bill to be entitled an act to repeal section 121 of 
the Code of this State, the committee recommend be 
indefinitely postponed. 

* A bill to be entitled an act to repeal an act entitled 
an act to fix the salaries of the Judges of the Supreme 
and Superior Courts of the State of Georgia, approved 
October 22, 1870, the committee recommend do not 
pass. 

A bill to be entitled an act to authorize the voters of 
Fannin county to elect an Ordinary the committee 
recommend be postponed indefinitely 

A bill to be entitled an act to prohibit and make 
penal the sale of any farm products by tenant, laborer 
or purchaser, etc., in the counties of Telfair and Dodge, 
the committee recommend do not pass. 

The committee has also had under consideration a 
bill to be entitled an act to lay out and form a new 
county by the division of the county of Jefferson, and 
io organize the same ; and I am instructed to report to 
the House, without recommendation, a new draft of the 
bill, with amendments, which, in the opinion of the 
committee, obviates all constitutional objections urged 
against the original bill. 

For a bill to be entitled an act to carry into effect and 
enforce article three, section six, paragraph five of the 
Constitution of Georgia, to'*protect the interest of the 
State, in extending aid to railroads, and for other pur- 
poses, the committee instruct me to report a substitute, 
with the recommendation that it do pass. 

A bill to be entitled an act to repeal so much of an 
act entitled an act to create and organize a new Judicial 
Circuit out of the counties composing the Southwestern, 
Brunswick and Southern Circuits, to provide for the 
appointment of Judges therefor, and for other pur- 
poses, approved October 17, 1870, as creates out of the 
counties of Echols, Lowdes, Clinch, Coffee and "vVare, 
the Allapaha Judicial Circuit, and to add the county 



304 JOURNAL OF THE HOUSE. 

of Lowndes to the Southern Judicial Circuit, and the 
counties of Echols, Clinch, Coffee and "Ware to the 
Brunswick Judicial Circuit, the committee recommend 
do pass. 

E. F Hoge, Chairman. 

The following message was received from the Execu- 
tive Department, through Mr. Corson, the Secretary 
thereof, to-wit: 

3Ir Speaker: 

His Excellency the Governor has approved and 
signed the following act, to-wit : 

An act to amend an act entitled an act to. authorize 
the Mayor and Council of Rome to subscribe not ex- 
ceeding one hundred thousand dollars of stock in the 
Memphis Branch Railroad, and for other purposes. 

Mr. Stovall, chairman pro tern, of the Enrolling Com- 
mittee, submitted the following report : 

Mr Speaker: 

The Committee on Enrollment report as duly enrolled 
and ready for the signature of the Speaker of the House 
of Representatives, the following act, to-wit : 

An act to compensate grand and traverse jurors of 
the Superior Courts of the counties of DeKalb and 
Fulton, and to authorize the Tax Collectors to receive 
jury certificates for county taxes, and to pay Consta- 
bles attending the Superior Courts of DeKalb and Ful- 
ton counties. 

G-. P Stovall, 
Chairmun pro tern. Enrolling Committee. 

The following bills were read the second time and 
referred to the Committee on Corporations : 

A bill to amend an act to incorporate the town of 
Montezuma, in the county of Macon. 



FRIDAY, DECEMBER 1, 1871. 305 

A bill to construct a railroad from Elberton, Georgia, 
to intersect with the New York & New Orleans Air- 
Line Railroad by the most practicable route, and for 
other purposes. 

A bill to incorporate the Nutting Cotton Manufac- 
turing Company of Macon, Georgia. 

A bill to incorporate the Central Insurance Company 
of Georgia. 

The following bills were read the second time and 
ordered to be engrossed : 

A bill to change the line between the counties of 
Warren and McDuffie. 

A bill to provide for and enforce a registration of 
voters in Chatham county 

A bill to amend the several acts incorporating the 
town of Sparta. 

A bill to entitle F W Dawes to practice medicine 
in the county of Fannin, was read the second time and 
referred to the Committee on Education. 

Mr. Davis of Newton, chairman of the Committee on 
Agriculture and Manufactures, made the following re- 
port, to-wit: 

Mr Speaker: 

The Committee on Agriculture and Manufactures, to 
whom were referred the following bills, have had the 
same under consideration, and report as follows, to- 
wit: 

A bill to be entitled an act to provide for the ditching 
and draining of lands under circumstances therein 
named, and to compel owners of mutually adjoining 
lands, to bear each his proper share of burden of 
expense and duties incident to said ditching and drain- 
ing, and for other purposes, and recommend that the 
same do not pass. 

Also, a bill entitled an act to prohibit the felling of 
20 



306 JOURNAL OF THE HOUSE. 

timber and obstructions in the Connasauga river and 
Coohaulla creek, in the counties of Murray and Whit- 
field, and recommend that the same do not pass. 

Also, a bill entitled an act to create a Board of Com- 
missioners of Roads and Revenue for the county of 
Paulding, and recommend that the same do pass. 

Also, a bill to be entitled an act to establish a sys- 
tem for working the public roads, and recommend that 
the same do not pass. 

Also, resolutions for the appointment of commis- 
sioners to receive land scrip, and locate the lands, etc., 
and recommend that the same do not pass. 

Also, a memorial of the trustees of the North Georgia 
Agricultural College, and recommend that the same 
be indifinitely postponed. 

Davis of Newton, Chairman. 

Mr. Pattillo, chairman of the Committee on the Blind 
Asylum, submitted the following report : 

Mr Speaker: 

The Committee on the Blind Asylum beg leave to 
submit the following report : 

The committee have instituted an examination into 
the mangement of said institution, and approve the 
same. Under the present efficient management the 
institution is accomplishing the purposes of its estab- 
lishment, and is doing great good in the education of 
the blind, and fitting them, notwithstanding their afflic- 
tions, to become useful members of society. 

The buildings are found to be in good condition, 
and suitably adapted to the purpose designed. 

An examination of the books of the institution shows 
that they are properly kept, and exhibit proper vouch- 
ers for all expenditures made in the support and main- 
tenance of the institution. 

Tiie committee respectfully recommend that the ap- 
propriation of eleven thousand dollars, asked for by 
the trustees of the institution, be made by the General 



FRIDAY, DECEMBER 1, 1871. 307 

Assembly, as a proper provision for the necessary 
expenses of the next current year. 

C. T. Pattillo, Chairman. 

The following message was received from the Senate. 
through Mr. Hill, the Secretary thereof: 

Mr. Speaker: 
The Senate has passed the following bills, to -wit: 

A bill to amend the law of habeas corpus in this 
State. 

Also, a bill to incorporate the town of Doraville, in 
the county of DeKalb, and for other purposes. 

Also, a bill to provide for a County Board of Com- 
missioners for Decatur county, and for other purposes. 

Also, a bill to secure the several counties of this 
State from cost. 

Also, a bill to repeal an act entitled an act to pre- 
serve the peace and harmony of this State, and for 
other purposes. 

Also, a bill to change the line between the counties 
of Coweta and Troup. 

Also, a bill to amend the law establishing the Police 
Court of the city of Savannah. 

Also, a bill to amend section 61 of the Code of Geor- 
gia. 

Also, a bill to authorize married women to sue for 
and recover damages from persons selling their hus- 
bands liquor while intoxicated. 

Also, a bill to limit the time of service of petit jurors 
in the Superior Courts of the county of Chatham. 

Also, a bill to amend the law extending the lien of 
set-off and recoupment, approved October 13, 1870. 

Also, a bill to make it penal to withhold money or 
personal property belonging to this State. 

Also, a bill to provide for certain sales to secure 
loans and other debts. 

The Senate has also concurred in a resolution of the 
House of Representatives, authorizing the chairmen of 



90S JOURNAL OF THE HOUSE. 

the various committees, appointed under a resolution 
of tliis General Assembly to investigate the different 
departments of the government of this State, to issue 
Avarrants for the arrest of parties whose guilt is discov- 
ered by their investigations. 

The following bills were read the second time and 
referred to the Committee on New Counties and County 

Lines : 

A bill to authorize Douglas county to take stock in 
the Georgia Western Railroad. 

A bill to change the line between the counties of 
Wilkes and Taliaferro. 

A bill to lay out and form a new county, by the 
division of Jefferson county, and to organize the same, 
said bill being a redraft of the original bill of the same 
title, and the amendments thereto. 

The following bills were read the second time, and 
referred to the Committee on Internal Improvements : 

A bill to protect the people of this State against dis- 
crimination in the transportation of freight and pas- 
sengers, by requiring all persons owning, controlling 
or operating any railroad to establish and collect a 
uniform rate for the transportation of freight and 
passengers thereon. 

A bill to incorporate the Steam Road Wagon Com- 
pany of Georgia. 

A bill to amend the charter of the Americus & Isa- 
bella Railroad Company, and for other purposes. 

The following bills, were read the second time, and 
referred to the Commtttee on Ranks : 

A bill to incorporate the People's Savings Bank of 
Newnan. 

A bill to incorporate the Northern Bank of the State 
of Georgia. 



FRIDAY, DECEMBER 1, 1871. 309 

Mr. Fain, chairman of the Committee on New Comi- 
ties and County Lines, submitted the following report : 

Mr Speaker : 

The Committee on New Counties and County Lines, 
have had under consideration the several following 
bills, to-wit: 

A bill to be entitled an act to change the line between 
the counties of Pickens and Gilmer, and for other pur- 
poses, which they recommend do pass, as amended. 

A bill to be entitled an act to change the county line 
between the county of Walker and the county of Dade, 
which they recommend do not pass. 

A bill to be entitled an act to change the line between 
the counties of Catoosa and Walker, which they 
recommend do pass. 

A bill to be entitled an act to change the boundary 
line between the counties of Bartow and Polk, which 
they recommend do pass. 

A bill to be entitled an act to change the line between 
the counties of Carroll and Douglas, and to add a 
portion of the county of Douglas to the county of Car- 
roll, and for other purposes therein named, which they 
recommend do not pass. 

A bill to be entitled an act to change the line be- 
tween the coimties of Fulton and Campbell, which 
they recommend do pass. 

A bill to be entitled an act to change the lines be- 
tween the counties of Forsyth and Milton, so as to add 
William J. Bell, of the county of Forsyth, to the 
county of Miltdfc, which they recommend do pass. 

A bill to be entitled an act to lay out a new county 
from the counties of Coweta, Fayette, Spalding and 
Meriwether, which the committee recommend do pass, 
as amended. 

J. C. Faix, Chairman. 

The following message was received from the Execu- 



310 JOURNAL OF THE HOUSE. 

tive Department, through Mr. Corson, the Secretary 
thereof, to- wit: 

His Excellency the Governor has approved and 
signed the following act, to-wit : 

An act to abolish the City Court of the city of Macon, 
and to repeal an act entitled an act to create and 
organize the City Court of the city of Macon, to define 
the jurisdiction thereof, and for other purposes, ap- 
proved October 26, 1870, and for other purposes. 

The following bills were read the second time and 
referred to the Committee on Finance : 

A bill for the relief of John M. Peden, former Tax 
Collector of Gwinnett county 

A bill to appropriate fifteen hundred dollars for the 
relief of J I. Miller. 

A bill to exempt maimed persons from the payment 
of poll tax. 

A bill to relieve the securities of N. 0. Alexander, 
Tax Collector for the county of Jasper for the year 
1808. 

A bill to repeal the eighth section of an act to levy 
and collect a tax for the support of the government for 
the year 1869. 

« 

The following bills were read the second time and 
referred to the Committee on Agriculture and Manu- 
factures : 

A bill to make it the duty of the several Tax Receiv- 
ers of this State to collect agricultmal statistics, in 
addition to their other duties. 

A bill to incorporate the Oglethorpe Manufacturing 
Company of Augusta, and to exempt the same from 
taxation for a limited period. 

Mr. Rawls, chairman of the Committee on Finance, 
submitted the following report : 



FRIDAY, DECEMBER 1, 1871. 311 

Mr. Speaker: 

The Committee on Finance beg leave to report as 
follows : 

That they have had before them and duly consid- 
ered, a bill to be entitled an act to provide for the 
levying and collecting a tax for the payment of bills 
for insolvent criminal cost due Benjamin L. Cole, late 
Sheriff of Chatham county, and William H. Bullock, 
late Clerk Superior Court of Chatham county, which 
they recommend do pass, as amended. 

Also, a bill to appropriate one hundred and fifty 
dollars and thirty-five cents to Charles Lattimer, wnich. 
they recommend do not pass. 

Also, a bill to require the Tax Collector of the county 
of Ware to receive county scrip for taxes due the 
county, which they recommend do pass. 

Also, a bill to require Tax Receivers to take the 
number of acres of land cultivated in cerials, which 
they recommend do pass, with amendments. 

Also, a bill to refund to Jackson, Lawton & Bassin- 
ger money overpaid by them for taxes, which they 
recommend do pass, with amendments. 

Also, a bill for the relief of F M. Lofton, and for 
other purposes, which they recommend do not pass. 

Also, a Senate bill to regulate the practice of dentis- 
try in this State, which they recommend do pass. 

Also, a Senate bill to provide for the payment of the 
debt of Clarke county, which they recommend do pass. 

Also, a Senate bill to amend the attachment laws of 
this State, which ^ey recommend do not pass. 

The committee also instruct me to report a tax bill 
for the year 1872. 

Also, a bill to appropriate two thousand dollars for 
the heirs of Colonel Mordecai Sheftall, an officer of the 
Revolutionary War. 

Morgan Rawls, 
Chairman Finance Committee. 



312 JOURNAL OF THE HOUSE. 

The rules were suspended, and the following bills 

were introduced and read the first time : 

# 

By Mr. Rawls, as chairman of the Committee on Fi- 
nance — 

A bill to appropriate money to pay the heirs of the 
late Col. Mordecai Sheftall, of Savannah, Georgia. 

Also, a bill to levy and collect a tax for the support 
of the Government for the year 1872, and for other 
purposes. 

By Mr. Chancey — 

A bill to amend an act to incorporate the town of 
Blakely- 

The rules were suspended, and a bill to incorporate 
the town of Colquitt, which was passed November 28, 
and the passage thereof reconsidered November 29, 
was taken up, read and passed with an amendment. 

Mr. William D. Anderson, chairman of the Commit- 
tee on Corporations submitted the following report : 

Mr Speedier : 

The Committee on Corporations have considered a 
bill to be entitled an act to amend an act entitled an 
act to incorporate the town of Clarksville in the county 
of Habersham, etc., which they recommend do pass, as 
amended. 

A bill to be entitled an act to incorporate the town 
of Whitney, and to confer certain powers on the com- 
missioners thereof, which they recommend do pass, as 
amended. • 

A bill to be entitled and act to r%)eal an act incor- 
porating the town of Gainesville, under the name and 
st}de of the city of Gainesville, etc., which they recom- 
mend do pass, as amended. 

An act to incorporate the Griswoldville & Jefferson 
Railroad company, which they recommend do pass. 

An act^to incorporate the town of Tilton, in Whitfield 
count}*, which they recommend do pass. 



FRIDAY, DECEMBER 1, 1871. 313 

A bill to be entitled an act to incorporate the city of 
Fort Valley, and to provide for an election, which they 
recommend do not pass. 

An act to consolidate the railroad companies known 
as the Chattooga Coal & Iron Railroad and the Trion 
Railway Company, which they recommend do pass. 

A bill to be entitled an act to authorize the citizens 
of Thomasville to elect certain officers, which they 
recommend do not pass. 

A bill to be entitled an act to amend an act to incor- 
porate the Gate City Insurance Company, of the city 
of Atlanta, which they recommend do pass. 

An act to amend the several acts consolidated and 
approved February 9, 1869, incorporating the town of 
Lumpkin, in Stewart county, which they recommend 
do pass, as amended. 

A bill entitled an act to incorporate the town of Rut- 
ledge, in Morgan county, which they recommend do 
not pass. 

An act to authorize the citizens of Dalton to pur- 
chase and donate certain property for certain purposes, 
which they recommend do pass. 

A bill to prevent any person from hunting or killing 
deer in the counties of Talbot, Marion and Taylor, in 
the months of May, June, July and August, which 
they recommend do pass. 

Also, the following Senate bills : 

A bill to be entitled an act to incorporate the Chat- 
tahoochee Manufacturing Company, which they recom- 
mend do pass. 

A bill to be entitled an act to amend an act, approved 
October 27, 1871^Bd open and construct a railroad 
from Athens, Georgia, via Clarkesville, in Habersham 
county, etc., which they recommend do pass. 

A bill to be entitled an act to amend an act to in- 
corporate the town of Hawkinsville, in the county of 
Pulaski, to define the limits of the same, which they 
recommend do pass. 

William D. Aistdeesox, Chairman. 



314 



JOURNAL OF THE HOUSE. 



A bill to make penal a breach of contract for labor 
or service by the parties thereto, was read the third 
time. 

Mr. Gumming moved to postpone the bill indefin- 
itely 

Mr. Johnson of Clay called the previous question, 
and the call was sustained. 

The yeas and nays were called for. 



Those 


voting 


in the affirmative are Messrs. — 


Allred, 




Etheridge, 


Cutting, 


Anderson, 


Wm. D. 


Fain, 


Oliver, 


Anderson, 


Wm. P. 


Floyd, 


O'Xeal, 


Atkinson, 




Franklin, 


Ormond, 


Bacon, 




Glover, 


Paxton, 


Ballanger, 




Goldsmith, 


Payne, 


Barksdale, 




Goodman, 


Peeples, 


Battle, 




Graliam, 


Pentecost, 


Bell, 




Griffin of Houston, 


Phillips, 


Blue, 




Hall of Upson, 


Putney, 


Braddy, 




Hancock, 


Rawlcs, 


Brewton of Tatnall, 


Head, 


Richards, 


Bruton of Decatur, 


Hillyer, 


Richardson, 


Brown, 




Hooks, 


Sargent, 


Bryan, 




Hudson, 


Scott, 


Bunn, 




Johnson of Spalding, 


Sellers, 


Campbell, 




Joiner, 


Simmons of Houston, 


Carlton, 




Jones of Hart, 


Smith of Uoweta, 


Cliastain, 




Kelly, 


Smith of Oglethorpe, 


Clegliorn, 




Killian, 


Spence, 


Clements, 




Knowles, 


Summerlin, 


Cloud, 




Lewis, 


Trammell, 


Clower, 




Lipsey, 


West, 


Collins, 




Mann, 


Whatley, 


Crittenden. 


i 


Mattox, 


Williams, 


Cumniing, 




McNeal, 


Wofford of Banks, 


Davis of Clarke, 


Moreland, 1 


fcVofford of Bartow, 


Dukes, 




Morrison, 


^Wood. 


Emerson, 




Netherland, 




Those 


voting 


in the negative are 


Messrs. — 


Baker of Bryan, 


Bush, 


Cody, 


Baker of Pike, 


Butts, 


Cox, 


Beaseley, 




Chancey, 


Davis of Newton, 


Berrien, 




Clark of Richmond, 


Dell, 


Bowie, 




Clark of Troup, 


Farmer, 



FRIDAY, DECEMBER 1, 1871. 



315 



Flynt, 


Kennedy, 


Russell, 


Guerry, 


Lamkin, 


Rutherford. 


Guyton, 


Lang, 


Simmons of Gwinnett 


Hammond, 


Martin, 


Simmons of Hall, 


Harvey, 


McConnell, 


Slaton, 


Heidt, 


McMillan, 


Snead,, 


Howell, 


Murphy of Burke, 


Stovall, 


Hughes, 


Palmer, 


Tarver, 


Hunter, 


Pierce, 


Taylor, 


Jenkins, 


Pou, 


Watters, 


Johnson of Clay, 


Eenfroe, 


Wilson, 


Johnson of Jeflerson, 


Riley, 


Woodward, 


Jones of Gwinnett, 


Koundtree, 


Wynn. 


Jones of Terrell, 






Yeas, 88. Nays, 


55. 





So the motion to postpone indefinitely prevailed. 

Mr. Johnson of Clay gave notice that he would move 
to reconsider this action of the House on to-morrow. 

The unfinished business of yesterday, the same being 
the Senate bill to repeal the usury laws of this State, 
and to fix the rate of interest in cases where contract- 
ing parties do not fix the same in writing, was resumed. 

Mr. Richards called the previous question, and the 
call was sustained. 

The question recurring upon the motion of Mr. W 
D. Anderson to postpone indefinitely, the yeas and 
nays were called for, and the call sustained. 



Those voting in 

Allrecl, 

Anderson, Wm. D., 

Atkinson, 

Baker of Bryan, 

Baker of Pike, 

Ballanger, 

Barksdale, 

Battle, 

Berrien, 

Blue, 

Bowie, 

Brewton of Tatnall, 

Bruton of Decatur, 

Bryan, 



the affirmative 


are Messrs — 


Butts, 


Franklin, 


Campbell, 


Glover, 


Carlton, 


Griffin of Houston, 


Chancey, 


Guyton, 


Chastain, 


Hall of Upson, 


Cleghorn, 


Hammond, 


Clements, 


Hancock, 


Clower, 


Howell, 


Cox, 


Hudson, 


Crittenden, 


Jenkins, 


Davis of Clarke, 


Johnson of Clay, 


Dell, 


Johnson of Spalding, 


Dukes. 
Floyd, 


Jones of Hart, 


Killian, 



3iej 



JOURNAL OF THE HOUSE. 



Knowles, 


O'Neal, 


Rutherford, 


Lewis, 


Orniond, 


Scott, 


Mann, 


Palmer, 


Simmons of Houston, 


Mattox, 


Patillo, 


Smith of Coweta, 


McMillan, 


Paulk, 


Smith of Oglethorpe, 


McWhorter, 


Paxton, 


Summerlin, 


Meadows, 


Payne, 


Trammell, 


Moreland, 


Peeples, 


Watters, 


Morrison, 


Phillips, 


West, 


Murphy of Burke, 


Rawls, 


Williams, 


Murphy of Harris, 


Reid, 


WofTord of Banks, 


Netherland, 


Richards, 


Wood, 


Nutting, 


Richardson, 


Woodward. 


Oliver, 


Roundtree, 




Those voting 


in the negative are 


Messrs — 


Anderson, Win. P., 


Flynt, 


Mansfield, 


Bacon, 


Goldsmith, 


McNeal, 


Bateman, 


Goodman, 


Pierce, 


Beaseley, 


Graham, 


Pou, 


Bell, 


Gray, 


Putney, 


Braddy, 


Guerry, 


Renfroe, 


Bunn, 


Head, 


Riley, 


Bush, 


Heidt, 


Russell, 


Clark of Richmond, 


Hillyer, 


Sargent, 


Clark of Troup, 


Hoge, 


Sellers, 


Cloud, 


Hooks, 


Simmons of Gwinnett, 


Cody, 


Hughes, 


Simmons of Hall, 


Collins, 


Hunter, 


Snead, 


Converse, 


Jackson, 


Spence, 


dimming, 


Joiner, 


Stovall, 


Davis of Newton, 


Jones of Gwinnett, 


Tarver, 


Edwards, 


Jones of Terrell, 


Taylor, 


Emerson, 


Kelly, 


Whatley, 


Etheridge, 


Kennedy, 


Wilson, 


Fain, 


Lamkin, 


Wofford of Bartow, 


Farmer, 


Lang, 


Wynn. 


Field, 


Lipsey, 





Yeas 81. Nays 65. 

So the motion to postpone indefinitely prevailed. 



Mr. 



Fain gave notice that he would move a recon- 



sideration of this action of the House on to-morrow. 



The following bills were the.third time and passed 



FRIDAY, DECEMBER 1, 1871. 317 

A bill to amend section 3687 of the Revised Code of 
Georgia, in reference to the withdrawal of claims. 

A bill to change the line between the counties of 
Douglas and Carroll. 

A bill to create a Board of Commissioners of Roads 
and Revenue in the counties of Floyd, Berrien and 
Effingham. Passed with amendments. 

The following bills were read the third time and lost : 

A bill to make penal the sale of any farm products 
by tenant, laborer or purchaser in the counties of 
Telfair and Dodge. 

A bill to change the line between the counties of 
"Walker and Dade. 

A bill to repeal an act ?to fix the salaries of the 
Judges of the Supreme and Superior Courts. 

A bill to authorize the voters of Fannin county to 
elect an Ordinary was indefinitely postponed. 

The following message was received from the Execu- 
tive Department, through Mr. Corson, the Secretary 
thereof, to-wit: 

Mr Speaker: 

I am directed by his Excellency the Governor, to de- 
liver to the House of Representatives a commuication 
in writing, with accompanying documents. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof : 

Mr Speaker: 

The Senate has agreed to a resolution dismissing cer- 
tain suits now pending against the State Treasurer, in 
which they ask the concurrence of the House of Rep- 
resentatives. 

Also, a resolution relative to settling any contest for 
Governor, by the legal tribunals of the State. 

On motion of Mr. Gumming, a bill for the relief of 



318 JOURNAL OF THE HOUSE. 

Catharine S. W Fleming, was recalled from the Com- 
mittee on Finance, and referred to the Committee on 
Privileges and Elections. 

A Senate bill to repeal so much of an act, assented 
to October 17, 1870, as creates the Allapaha Judicial 
Circuit, and to add the county of Lowndes to the South- 
ern Judicial Circuit, and the counties of Echols, Clinch, 
Coffee and Ware to the Brunswick Judicial Circuit, 
was read the third time and passed. 

Mr. Heidt offered a resolution tendering the thanks 
of this House to the Rev. Dr. Wills, for the able and 
interesting discourse delivered by him in this hall on 
yesterday ; and that a committee of three be appointed 
to solicit a copy of the same for publication ; also, that 
the thanks of the House be tenderend to Rev- Mr. Spal- 
ding for assisting in the services of the day 

The resolution was agreed to. 

Leave of absence was granted to Messrs. Stovall and 
Cumming; also, to the assistant messenger, Mr. Denton. 

The House took a recess until 3 o' clock p m. 



Afteknoon Session, 3 o'clock p. m. 

The House reassembled. 

The following Senate bills were read the first time: 

A bill to limit the time of service of petit jurors in 
the Superior Courts of Chatham county. 

A bill to amend the law establishing the Police Court 
of the city of Savannah. 

A bill to provide for a County Board of Commission- 
ers for Decatur county 

A bill to incorporate the town of Doraville, in the 
■county of DeKalb. 

A bill to repeal an act to preserve the peace and har- 
mony of the people of this State. 



FRIDAY, DECEMBER 1, 1871. 319 

A bill to amend section 61 of the Code, in relation 
to offering rewards for criminals. 

A bill to authorize married women to sue for and 
recover damages from any person selling her husband 
liquor while intoxicated. 

A bill to make it penal to withhold money or prop- 
erty belonging to the State of Georgia. 

A bill to secure the several counties of the State of 
Georgia from costs. 

A bill to change the line between the counties of 
Coweta and Troup. 

A bill to amend an act to extend the lien of set-off 
and recoupment as against debts contracted before the 
first day of June, 1865, and to deny to such debts the 
aid of the courts, until the taxes thereon have been, 
paid. 

A bill to amend the law of this State in relation 7ia- 
heas corpus. 

A bill to provide for sales of property in this State, 
to secure loans and other debts. 

Mr. Nutting introduced a bill to authorize the town 
council of Forsyth to issue bonds as currency, to pur- 
chase stock in property of Monroe Female College and 
Hilliard Male Institute, and to repair said property for 
school purposes, which was read the first time. 

Mr,. Hall of Upson, chairman of the Committee on 
Internal Improvements, submitted the following re- 
port: 

Mr Speaker: 

The Committee on Internal Improvements have had 
under consideration the following bills, and make the 
following recommendations, to-wit : 

A bill to amend an act to grant to the Savannah, 
Skidaway & Seaboard Railroad Company the light to 
construct a railway through Abercorn street, and recom- 
mend the same do pass. 



820 JOURNAL OF THE HOUSE. 

Also, a bill to amend section seven of an act incor- 
porating the Albany & Columbus Railroad, and recom- 
mend the same do pass. 

Hall of Upson, Chairman. 

The following bills were read the third time and 
passed : 

A bill to prohibit and make penal the sale of any 
farm products in the county of Dooly 

A bill to provide for the election of an Ordinary for 
the county of Wilcox. 

A bill to legalize the revision of the jury-boxes, and 
to authorize and legalize separate juries for each week 
of court, and the increase of pay of jurors in certain 
cases. Passed as a substitute tor bill No. 99. 

A bill to establish a City Court in the city of At- 
lanta. 

A bill to create commissioners for the county of Mc- 
intosh, to define their ppwers and duties, and for other 
purposes. Passed as a substitute for bill No. 431, and 
ordered to be transmitted to the Senate forthwith. 

A bill to incorporate the town of Whitney, in the 
county of Calhoun, and to regulate the retailing of 
spirituous liquors within the corporate limits of the 
same. Passed as a substitute for bill No. 180. 

A bill to amend the laws of this State in relation to 
garnishments. 

A bill to alter and amend sections 649 and 699 of Ir- 
win' s Revised Code. Passed, with amendment, as a 
substitute for bill No. 135. 

A bill to amend the laws respecting nuncipative 
wills. 

A bill to legalize the adjournment of the Superior 
Court of Elbert county 

A bill to incorporate the Macon & Knoxville Rail- 
road' Company - 

A bill to change the law of distribution, so far as it 
affects the separate property of married women. 



FRIDAY, DECEMBER 1, 1871. 321 

A bill to amend an act to cany into effect the second 
clause of the thirteenth section of the fifth article of 
the Constitution. 

A bill to incorporate the town of Resaca, and for 
other purposes. Passed as amended. 

A bill to incorporate the Mutual Protection Insur- 
ance Company of the State of Georgia. 

A bill to alter and amend the several sections of 
Irwin' s Revised Code from section 2716 to 2730, both 
inclusive, which relate to court contracts. Passed as 
amended. 

A bill to alter and amend the several acts incorpor- 
ating the city of Milledgeville, and for other purposes. 
Passed as a substitute for bill No. 200. 

The following bills were read the third time and lost : 

A bill to protect public roads in Thomas county. 

A bill to extend the rights to unite parties in matri- 
mony to all practicing attorneys in this State. 

A bill to prevent and make illegal the collection of 
costs in any cause to which the State may be a party, 
until the final termination of the same. 

A bill to alter and amend section 1640 of Irwin's 
Revised Code. 

A bill to alter and amend section 3175 of Irwin" s 
Revised Code. 

A bill to repeal section 2349 of Irwin's Revised Code. 

A bill to provide for the registration of the legal vot- 
ers of Liberty county was withdrawn by Mr. Farmer, 
the author of the same. 

A bill to make slander or oral defamation a criminal 
offense was laid on the table. 

The following bills were read the third time and 
indefinitely postponed : 

A bill to repeal an act to create the Allapaha Judi- 
cial Circuit. 
A bill to repeal section 121 of the Code of this State.. 
21 



322 JOURNAL OF THE HOUSE. 

A bill to repeal an act to change the time for the 
annual meeting of the Legislature of this State. 

A bill to repeal so much of an act to create and or- 
ganize two new Judicial Circuits as relates to the crea- 
tion and organization of the Allapaha Circuit. 

A bill to amend the laws in reference to wills made 
in another State, Territory or foreign country . 

A bill to change the county site of Clarke county 
from Watkinsville to Athens. 

Mr. Jackson gave notice that he would move on to- 
morrow to reconsider the indefinite postponement of a 
bill to amend the laws in reference to wills made in 
another State, Territory or foreign country. 

Mr. Goodman gave notice that he would move on 
to-morrow to reconsider the passage of a bill to change 
the line between the counties of Douglas and Carroll. 

Mr. Russell offered a resolution, that after this day 
there shall be a night session of the House of Repre- 
sentatives, from 7 p. m. until 9 p. m. 

The resolution was lost. 

On motion, the House adjourned until 9 o'clock a. m. 
to-morrow. 



Atlanta, Georgia, 
Saturday, December 2, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev Mr. Heidt. 

Tin' Journal of yesterday was read and approved. 
* Mr. Goodman moved to reconsider so much of the 
Journal as relates to the passage of a bill to change the 
line l>;'t\vc :-n the counties of Douglas and Carroll. 

The motion did not prevail. 

Mr. Fain moved to reconsider so much of the Jour- 
nal as relates to the indefinite postponement of a Senate 



SATURDAY, DECEMBER 2, 1871. 323 

bill to repeal the usury laws of this State, and to fix 
the rate of interest in cases where contracting parties 
do not fix the same in writing. 

Mr. Pierce called the previous question, and the call 
was sustained. 

The main question was voted down, and the motion 
to reconsider laid over under the rules until Monday 
next, December 4. 

Mr. Johnson of Clay moved to reconsider so much 
of the Journal as relates to the indefinite postpone- 
ment of a bill to make penal a breach of contract for 
labor or service by the parties thereto. 

Mr. W D. Anderson called the previous question, 
and the call was sustained. 

The motion to reconsider was lost. 

Mr. Hoge, chairman of the Committee on the Judi- 
ciary, submitted the following report : 

Mr. Speaker: 

The' Committee on the Judiciary have had under 
consideration a number of bills referred thereto, and I 
am instructed to report as follows : 

A bill to be entitled an act for the relief of William 
Gibson, and Lewis DeLoach, and for other purposes, 
the committee recommend do not pass. 

A bill to be entitled an act to change the time of 
holding the Superior Court in the Flint Judicial Cir- 
cuit, the committee suggest be amended by striking 
out all that affects the county of Pike, and when so 
amended, that it do pass. 

A bill to be entitled an act to change the time of 
holding the Superior Courts in the county of Worth, 
the committee recommend do pass. 

A bill to be entitled an act for the election of a Board 
of County Commissioners for the county of Screven, 
and for other purposes, the committee recommend do 
pass. 

A bill to be entitled an act to amend section 3151, 



324 JOURNAL OF THE HOUSE. 

part two, title nine, chapter fourteen of Irwin' s Revised 
Code, the committee recommend do pass. 

A bill to be entitled an act to repeal the first and 
second sections and to alter and amend the third sec- 
tion of an act entitled an act to prescribe the practice 
in cases of injunction, and other extraordinary reme- 
dies in equity, and the manner of taking judgments on 
the same to the Supreme Court, the committee recom- 
mend do pass. 

, A bill to be entitled an act to provide for the pay- 
ment of two judgments obtained against the State 
under the act of April 17, 1863, the committee recom- 
mend do pass. 

A bill to be entitled an act to alter and amend an act 
assented to October 6, 1868, is reported back with a 
substitute, and the committee recommend that the 
substitute do pass. 

A bill to be entitled an act more effectually to protect 
religious worship in the State of Georgia, the committee 
propose to amend by striking out the second section, 
and recommend that, when so amended, the bill do 
pass. 

A bill to be entitled an act to authorize the sale of 
personal property at any place within the limits of 
Milton county, the committee recommend do not pass. 

A bill to be entitled an act to allow persons to make 
a return of their taxable property to the Clerk of the 
Superior Court in certain cases, and for other purposes 
therein mentioned, the committee recommend do not 
pass. 

A bill to be entitled an act to require all declarations 
and defenses in causes at common law, in the Superior 
Courts of this State, to be complete as tiled at the first 
or appearance term, and to prohibit amendments intro- 
ducing new matter of substance, except in certain 
cases, and for other purposes, the committee recom- 
mend do not pass. 

A bill to be entitled an act to alter and amend sec- 
tion 2850 of Irwin's Revised Code, in relation to the 



SATURDAY, DECEMBER 2, 1871. 325 

nature of set-off, the committee recommend do not 
pass. 

A bill to be entitled an act to alter and amend sec- 
tion 689 of Irwin' s Revised Code, the committee recom- 
mend do not pass. 

A 'bill to be entitled an act to revise the jury box of 
Fayette county, the committee recommend do hot pass. 

A bill to be entitled an act to repeal an act entitled 
an act to consolidate the offices of Tax Receiver and 
'Collector for the county of Dade, the committee recom- 
mend do pass. 

A bill to be entitled an act to exempt from jury duty 
in the county of Chatham all regularly licensed physi- 
cians, who are actually engaged in the practice of their 
professions, the committee recommend do pass. 

A bill to be entitled an act to regulate the wages of 
labor in certain cases in the county of Clarke, the com- 
mittee recommend do not pass. 

A bill to be entitled an act for the protection of the 
Clerks of Superior Courts and Sheriffs of this State, 
and secure their fees, and for other purposes, the com- 
mittee recommend do not pass. 

A bill to be entitled an act to make the compensa- 
tion of grand and petit and tales jurors in the counties 
of Taylor and Chattahoochee two dollars per day, the 
committee recommend do not pass. 

A bill to be entitled an act to authorize Nathan Chap- 
man to exhibit sleight of hand, etc., free of taxes, the 
committee recommend do not pass. 

A bill to be entitled an act to alter and amend the 
third paragraph of section 2448 of Irwin's Revised 
•Code, so as to increase the interest of the wife as an 
heir-at-law in the estate of her deceased husband, I 
am instructed to report back without recommendation. 

A bill to be entitled an act to amend the usury laws 
of this State, the committee recommend do not pass. 

A bill to be entitled an act to prescribe who shall be 
jurors in certain cases in Baldwin county, the commit- 
tee recommend do not pass. 



326 JOURNAL OF THE HOUSE. 

A bill to be entitled an act to regulate labor in the 
county of Baldwin, the committee recommend do not 
pass. 

A bill to be entitled an act to reduce the bond of the 
Sheriff of Banks county, the committee recommend do 
pass. 

A bill to be entitled an act to alter and amend sec- 
tion 3434 of Irwin" s Revised Code, the committee recom- 
mend do pass. 

A bill to be entitled an act to amend the homestead 
laws of this State, the committee recommend do not 
pass. 

For a bill to be entitled an act to repeal sections 
4480, 4664, 4665, 4666 and 4667 of Irwin 1 s Revised Code, 
the committee proposes a substitute, and recommend 
that it do pass. 

A bill to be entitled an act to legalize the county tax 
levied by the Ordinary of Dougherty county for the 
year 1871, the committee recommend do pass. 

A bill to be entitled an act to reduce the bond of the 
Sheriff of Heard county, the committee recommend do 
pass. 

A bill to be entitled an act to amend article four, 
section two of the Constitution of the State of Georgia, 
upon the two-thirds vote of the present and next suc- 
ceeding Legislature, and upon the ratification of the 
same by ^he qualified voters of this State, the commit- 
tee recommend do not pass. 

A bill to be entitled an act to authorize the revision 
of the jury-box in the county of Twiggs, the commit- 
tee recommend do not pass. 

A bill to be entitled an act to prescribe by law for 
jurors in the county of Stewart, the committee recom- 
mend do not pass. 

A bill to be entitled an act to provide for selling 
horses, hogs or cattle that are levied on and claimed, 
where the levying officer has to keep said animals until 
the trial of said claim, the committee recommend do 
pass. 



SATURDAY, DECEMBER 2, 1871. 327 

A billto be entitled an act to revise the jury-boxes 
throughout this State, the committee recommend do 
not pass. 

A bill to be entitled an act to amend section 635 of 
the Code of Georgia, the committee recommend do 
pass. 

A bill to be entitled an act to secure the costs of the 
officers of court of the various courts of this State, and 
for other purposes, the committee recommend do not 
pass. 

A bill to be entitled an act to authorize the Ordina- 
ries in the various counties of this State to order the 
sale of homesteads and personalty, when an issue is 
formed in relation to the valuation thereof, the commit- 
tee recommend do not pass. 

A bill to be entitled an act to make it unlawful fpr 
the Mayor and Council of an incorporated city or town 
in this State to levy tax on cotton sales made in said 
city or town, the committee recommend do not pass. 

A bill to be entitled an act to compensate the grand 
and petit jurors of the county of Pike, the committee 
recommend do pass. 

A bill to be entitled an act prescribing who shall be 
jurors in certain cases, in the county of Morgan, in 
this State, the committee recommend do not pass. 

A bill to be entitled an act to prescribe by law for 
jurors in the county of Monroe, the committee 'recom- 
mend do not pass. 

A bill to be entitled an act to consolidate the offices 
of Sheriff and Tax Collector in and for the county of 
Jones, the committee recommend do pass. 

A bill to be entitled an act to require Justices of the 
Peace, or Judicial Notaries, in each militia district, to 
return to the Receiver of tax returns all persons liable 
to pay taxes, etc., in their districts, the committee 
recommend do not pass. 

A bill to be entitled an act to change the fees of officers 
of court, so far as applies to Sheriffs of this State, in 



3-2S JOURNAL OF THE HOUSE. 

the keeping of live stock when levied upon, the com- 
mittee recommend do pass. 

A bill to be entitled an act to amend section 1626 of 
Irwin's Revised Code, by adding to said section the 
words, "and cooking stoves and their fixtures," the 
committee recommend do not pass. 

A bill to be entitled an act to authorize the invest- 
ment of trust funds upon certain terms and conditions, 
the committee recommend do not pass. 

A bill to be entitled an act to amend section 4026 of 
Irwin's Revised Code, touching the trial of nuisances 
in the ca se of a grist or saw-mill or other water ma- 
chinery of valuable consideration, the committee re- 
commend do not pass. 

A bill to be entitled an act to extend the right of dis- 
solving garnishments to persons other than defendants, 
the committee recommend do pass. 

A bill to be entitled an act for the relief of William 
Hanl.iv and Adaline Hendricks, both of the county of 
DeKalb, the committee recommend do not pass. 

A bill to be entitled an act to alter and amend sec- 
tion 650 of Irwin' s Revised Code, so far as the same 
relates to the county of Colquitt, the committee recom- 
mend do pass. 

A bill to be entitled an act to give Ordinaries of the 
several counties of this State, authority to issue attach- 
ments, and for other purposes, the committee recom- 
mend do not pass. 

A bill to be entitled an act to appoint a commission 
for certain purposes, the committee recommend do not 
pass. 

A bill to lie entitled an act to alter and amend the 
road laws of this State, so far as relates to the county 
of Bibb, and to authorize and require the Ordinaries 
of said county to levy and collect a tax for road pur- 
poses, the committee recommend do pass. 

A bill to be entitled an act to amend section 2532 of 
the Code of Georgia, the committee recommend do not 
pass. 



SATURDAY, DECEMBER 2, 1871. 329 

For a bill to be entitled an act to amend an act enti- 
tled an act to give to persons who may be employed in 
:and about any steam saw-mill located in the State of 
Georgia, or any person who may provide any steam 
saw-mill with timber, saw-logs, etc., a lien on said saw- 
mill, etc., and to give the owners of such mills a lien 
on lumber, etc., the committee propose a substitute, 
and recommend that it do pass. 

E. F Hoge, CJiairman. 

Mr. Fain, chairman of the Committee on New Coun- 
ties and County Lines, submitted the following report : 

t 

Mr Speaker: 

The Committee on New Counties and County Lines 
make the following report, to-wit : 

A bill to be entitled an act to change the line between 
McDuffie and Columbia counties, which they recom- 
mend do pass. 

J. C. Fais", CJiairman. 

The Speaker announced the appointment of the fol- 
lowing committees, under a joint resolution appointing 
various committees to inquire into the different depart- 
ments of the State government : 

To investigate the official conduct of Rufus B. Bul- 
lock, late Governor of this State, Messrs. Hoge of Ful- 
ton, Payne of Catoosa, McNeal of Randolph. 

To investigate the administration and management 
of the Western & Atlantic Railroad, Messrs. Snead of 
Richmond, Phillips of Echols, Goldsmith of DeKalb. 

To investigate the fairness or unfairness of the lease 
of the Western & Atlantic Railroad, Messrs. Pierce of 
Hancock, Netherland of Rabun, Hudson of Schley - 

To investigate the conduct of the commissioners ap- 
pointed under the act of 1870, to audit claims against 
the Western & Atlantic Railroad, Messrs. Wofford of 
Bartow, Head of Haralson, Woodward of Dooly- 



330 JOURNAL OF THE HOUSE. 

Mr. Davis of Newton, chairman of the Committee 
on Agriculture and Manufactures, submitted the fol- 
lowing report, to-wit : 

Mr Speaker : 

The Committee on Agriculture and Manufactures, 
to whom were referred certain Senate bills, have had 
the same under consideration, and make the following 
report, to-wit : 

A bill to be entitled an act to incorporate the La 
Grange & Barnesville Railroad Company, and to grant 
certain powers and privileges to the same, and for 
other purposes, which they recommend do pass. 

Also, a bill to be entitled an act to incorporate the 
Oglethorpe Fertilizing Company, and for other pur- 
poses, and recommend that the bill be amended by 
striking out so much of the latter clause of the fourth 
section as reads as follows, to-wit: "And the stock- 
holders in said company shall be liable pro rata for 
tin! debts of said company to the amount of stock by 
them respectivel}' held at the time such liability was 
incurred, and for no greater amount," and that the bill 
do pass. 

Davis of Newton, Chairman. 

The following; message was received from the Senate 
through Mr. Hill, the Secretary thereof: 

Mr Speaker : 

The Senate has passed the following bill : 
A bill to amend the law relative to writs of quo war- 
ranto in the State of Georgia. 

Mr. Jackson, chairman of the Committee on Educa- 
tion, submitted the following report : 

Mr. Speaker : 

The Committee on Education have had under con- 
sideration the following bills, and herewith submit 
their report on the same : 



SATURDAY, DECEMBER 2, 1871. 331 

A bill to be entitled an act to amend an act entitled 
an act to establish a system of pnblic instruction, 
approved October 13, 1870, so far as the same relates 
to the county of Lumpkin, which they recommend do 
not pass. 

A bill to be entitled an act to provide for the pay- 
ment of a portion of the fund raised for school purposes 
to the city of Columbus, to which the committee offer 
an amendment, and as amended, recommend that it do 
pass. 

A bill to be entitled an act to amend an act assented 
to December 31, 1838, to establish and incorporate a 
Medical College in the city of Savannah, and for other 
purposes, which they recommend do pass. 

A bill to be entitled an act to endow the Atlanta 
University, which they recommend do not pass. 

A bill to be entitled an act to amend an act to estab- 
lish a system of public instruction, approved October 
1870, and for other purposes, which they recommend 
do not pass. 

A bill to be entitled an act to repeal the school law, 
approved 1870, and for other purposes, which they 
recommend do not pass. 

A bill to be entitled an act to alter and amend an act 
to incorporate the Georgia Military Institute, and for 
other purpose therein named, to which the committee 
offer an amendment, and as amended they recommend 
that the same do pass. 

A bill to be entitled an act to entitle F W Dawes to 
practice medicine in the county of Fannin, which they 
recommend do not pass. 

Henry Jackson, 
Chairman of Committee vn Education. 

The following bills were read the third time and 
passed : 

A bill to amend section 3151 of the Revised Code. 
A bill to amend an act to alter and amend the several 
acts incorporating the city of Macon, approved Decern- 



332 JOURNAL OF THE HOUSE. 

ber 27, 1847, and the several acts amendatory thereto ; 
to grant additional powers to the Mayor and Council 
of the city of Macon, and for other purposes. 

A bill to repeal the first and second sections, and to 
alter and amend the third section of an act to prescribe 
the practice in cases of injunction and other extraordi- 
nary remedies in equity, and the manner of taking 
judgments- on the same to the Supreme Court. 

A bill to change the line between McDuffie and Co- 
lumbia counties. 

A bill to alter and amend an act to fix the compensa- 
tion for taking down in writing the evidence on charges 
of felony. Approved October 10, 1868. 

A bill to amend the road laws of this State, so far 
as they relate to the county of Lumpkin. 

A bill to authorize the Tax Collector of Madison 
county to receive jury certificates in payment of all 
taxes due said county 

A bill to incorporate the Grand Bay Paper Manu- 
facturing Company. 

A bill to constitute a Board of Commissioners for 
Meriwether county 

A bill to require the Tax Collector of the county of 
Meriwether to have his office at the court-house of said 
county 

A bill to incorporate the town of Rutledge, in Mor- 
gan county 

A bill to prevent the sale of spirituous liquors within 
a mile of Clement 1 s Institute. 

A bill to amend an act for the better regulation and 
government of the town of Sparta, in the county of 
Hancock, and the acts amendatory thereof. 

A Senate bill to protect the people of this State 
against the illegal and fraudulent issue of bonds and 
securities, and for other purposes. 

A bill to provide for the levying and collecting of a 
tax for the payment of bills of costs due Benjamin L. 
Cole, late Sheriff, and W H. Bulloch, late Clerk Su- 
perior Court of Chatham county- 



SATURDAY, DECEMBER 2, 1871. 333 

On motion of Mr. Russell, the last mentioned bill- 
was ordered to be transmitted to the Senate forthwith. 

Mr. Phillips oifered a resolution instructing the Com- 
mittee on Finance to report upon payment of the per 
diem and mileage of the late Hon. W A. Ballard to 
his widow, which was read and referred to the Com- 
mittee on Finance. 

Mr. Rawls, chairman of the Committee on Finance, 
submitted the following report : 

Mr SpeaJcer : 

The Committee on Finance beg to make the follow- 
ing report : 

That they have had before them, and duly consid- 
ered, several bills requiring taxes on wild 1 lands to be 
paid in the counties where said lands lie, which they 
recommend do not pass. 

Also, a bill to appropriate money to pay Samuel 
Weil, which they recommend do not pass. 

Also, a bill to authorize the Ordinary of Early county 
to levy a tax to supply medicine, which they recom- 
mend do not pass. 

Also, a bill to regulate jury fees in Clayton county, 
which they recommend do pass. 

Also, a bill to make employers responsible for the 
taxes of laborers, which they recommend do not pass. 

Also, a bill to require owners of cattle and sheep, 
grazing in Colquitt county, to pay taxes on the same, 
which they recommend do pass. 

Also, a bill for the relief of B. Chancey, which they 
recommend do pass. 

Also, a bill to exempt maimed persons from taxa- 
tion on one thousand dollars, which they recommend 
do not pass. 

Also, a bill for the relief of James H. Winn, which 
they recommend do not pass. 

Also, a bill to require the Tax Collector of Pierce 



334 JOURNAL OF THE HOUSE. 

comity to take jury scrip for county taxes, which they 
recommend do pass. 

Also, a bill to regulate the county tax of Pierce, 
which they recommend do not pass. 

Also, I am instructed to recommend an appropria- 
tion of eight hundred dollars to pay Fleming G. 
Grieve, which is hereby recommended. 

Morgan Rawls, Chairman. 

Mr. Davis, chairman of the Committee on Agriculture 
and Manufactures, made the following report, to-wit: 

Mr Speaker : 

The Committee on Agriculture and Manufactures, to 
whom were referred certain bills, have had the same 
under consideration, and make the following report, 
to-wit : 

A bill to be entitled an act to submit to the legal 
voters of Georgia the question of abolishing the en- 
closures to farm lands in this State, and for other pur- 
poses, and recommend that it do not pass. 

Also, a bill to prohibit and make penal the sale or 
purchase of agricultural products between the hours 
of sunset and sunrise, which they recommend do pass, 
with the amendments proposed by this committee. 

Also, a bill to prevent the sale of farm products be- 
tween the hours of sunset and sunrise, in the counties 
of Richmond and Burke, which they recommend do 
pass, with the amendments proposed by the committee. 

Also, a bill to prohibit the sale and purchase, in 
Jefferson county, of agricultural products after dark, 
which they recommend do pass, with the amendments 
proposed by the committee. 

J B. Davis, Chairman. 

The bill to incorporate the Exchange Bank of Macon, 
was read the third time. 

A constitutional majority of two-thirds being re- 
quired for its passage, the vote was taken by yeas 
and nays. 



SATURDAY, DECEMBER 2, 1871. 
Those voting in the affirmative are Messrs.— 



335 



Allred. 


Graham, 


O'Neal, 


Anderson, Wm. D. 


Gray, 


Ormond, 


Anderson, Wni. P. 


Griffin of Houston, 


Palmer, 


Atkinson, 


Guerry, 


Patillo, 


Bacon, ' 


Guyton, 


Paulk, 


Baker of Bryan. 


Hall of Upson, 


Payne, 


Baker of Pike, 


Hammond, 


Peeples, 


Bateman, 


Hancock, 


Pentecost, 


Battle, 


Harvey, 


Pierce, 


Beaseley, 


Head, 


Pou, 


Bell, 


Heidt, 


Putney, 


Blue, 


Hillyer, 


Rawls, 


Bowie, 


Hooks, 


Reid, 


Braddy, 


Hudson, 


Renfroe, 


Brewton of Tatnall, 


Hughes, 


Richards, 


Brown, 


Hunter, 


Richardson, 


Bryan, 


Jackson, 


Riley, 


Bush, 


Jenkins, 


Roundtree, 


Campbell, 


Johnson of Spalding, 


Russell, 


Carlton, 


Joiner, 


Rutherford, 


Clark of Richmond, 


Jones of Gwinnett, 


Scott, 


Cleghorn, 


Jones of Hart, 


Sellers, 


Clements, 


Jones of Terrell, 


Simmons of Gwinnett, 


Cloud, 


Kelly, 


Simmons of Hall. 


Clower, 


Kennedy, 


Simmons of Houston, 


Cody, 


Killian, 


Slaton, 


Collins, 


Lamkin, 


Smith of Coweta, 


Craig, 


Lang, 


Smith of Oglethorpe, 


Crittenden, 


Lewis, 


Spence, 


Cumming, 


Lipsey, 


Tarver, 


Davis of Clarke, 


Mansfield, 


Taylor, 


Dell, 


Martin, 


Traniniell, 


Dukes, 


McConnell, 


Walters, 


Emerson, 


McMillan, 


West, 


Etheridge, 


McNeal, 


Whatley, 


Fain, 


Meadows, 


Williams, 


Farmer, 


Moreland, 


Wilson, 


Field, 


Morrison, 


Wofford of Banks, 


Floyd, 


Murphy of Burke, 


Wofforcl of Bartow, 


Flynt, 


Netherland, 


Wood, 


Franklin, 


Nutting, 


Woodward, 


Clover, 


Oliver, 


Wynn. 



Those voting in the negative are Messrs- 
None. 
Yeas, 123. Nays, 0. 



336 JOURNAL OF THE HOUSE. 

So the bill was passed by the requisite majority. 

The following message was received from the Execu- 
tive Department, through Mr. Corson, Secretary there- 
of, to-wit: 

Mr Speaker : 

His Excellency the Governor has approved and 
signed the following acts, to-wit : 

An act to change the charter of the University of 
Georgia so as to add four additional trustees to the 
board, and give the election of said trustees to the 
Alumni Society 

Also, an act to authorize the County Commissioners 
of Pike county to audit claims of officers for extra ser- 
vices, and for other purposes. 

Also, an act to compensate grand and traverse jurors 
of the Superior Courts of the counties of DeKalb and 
Fulton, and to authorize the Tax Collectors to receive 
jury certificates for county taxes, and to pay constables 
attending the Superior Courts of DeKalb and Fulton 
counties. 

Also, an act to compensate grand and traverse jurors 
of the county of Polk. 

Mr. .Hall of Upson, chairman of the Committee on 
Internal Improvements, submitted the following report, 
to-wit : 



Mr Speaker : 

The Committee on Internal Improvements have had 
under consideration the following bills, and make the 
following recommendations, to-wit : 

A bill to amend the charter of the Americus & Isa- 
bella Railroad, and recommend that the same do pass. 

Also, a bill to incorporate the Steam Road Wagon 
Company, and, with the amendments proposed by the 
committee, recommend that the same do pass. 

Also, a bill to protect the people of this State against 
discrimination in the transportation of freight and pas- 



SATURDAY, DECEMBER 2, 1871. 337 

sengers, and making such discrimination a penal of- 
fense, and for other purposes, and recommend that the 
same do not pass. 

Hall of Upson, Chairman. 

Mr. Craig, chairman of Enrolling Committee, sub- 
mitted the following report : 

Mr Speaker: 

The Committee on Enrollment report as duly en- 
rolled and ready for the signature of the Speaker of 
the House of Representatives, the following resolu- 
tion. 

A resolution providing for the arrest of certain per- 
sons. 

H. L. W Ceaig, • 

Chairman Enrolling Committee. 
* 
The following message was received from the Senate,, 
through Mr. Hill, the Secretary thereof: 

Mr. Speaker: 

The Senate has passed the following bill of the House 
of Representatives, and I am instructed to transmit 
the same forthwith to the House of Representatives : 

A bill to amend an act, approved October 10, 1868, 
entitled an act to incorporate the Memphis Branch. 
Railroad Company, and for other purposes. 

The following bills were read the third time and 
lost: 

A bill to create a new judicial circuit. 

A bill to change the seventh paragraph of section 
1711 of Irwin's Revised Code. 

A bill to require all parties who own lands in the 
county of Miller to give in and pay the taxes due 
thereon in said county. 
22 



338 JOURNAL OF THE HOUSE. 

On motion of Mr. Hoge, the rules were suspended^ 
tind a Senate bill to amend the law relative to writs of 
quo warranto in the State of Georgia was read the 
first time. 

A bill to authorize the Town Council of Forsyth to 
issue bonds as currency to purchase stock in property 
of Monroe Female College and Hilliard Male Institute, 
and to repair said property for school purposes, was 
read the second time and committed. 

The following bills were read the third time and in- 
definitely postponed : 

A bill to enforce contracts of immigrants and la- 
borers, and for this purpose to make their wages liable 
to garnishment in certain cases. 

A bill to amend section 4476 of Irwin's- Revised 
Code in relation to vagrants. 

A bill to prohibit and make penal the sale or pur- 
chase of agricultural products between the hours of 
sunset and sunrise was read the third time. 

Mr. W D. Anderson moved to lay the bill on the 
table, which motion did not prevail. 

Mr. Richardson moved to amend by excluding from 
the provisions of the bill the county of Clarke ; Mr. 
Rawls, the county of Effingham ; Mr. Joiner, the coun- 
ties of Dougherty and Camden ; Mr. Allred, the county 
of Pickens ; Mr. Chastain, the county of Gilmer ; Mr. 
Simmons, the county of Hall, and Mr. Brown, the 
county of Monroe. 

Mr. McMillan moved to recommit to the Committee 
on Agriculture and Manufactures. 

Mi-. Pierce called the previous question, which was 
sustained, and the motion to recommit prevailed. 

The Speaker announced the following gentlemen as 
the committee to request a copy of the sermon deliv- 
ered by Dr. Wills, on Thanksgiving day, for publica- 
tion : Messrs. Heidt, McMillan, and Crittenden. 

Mr. McMillan offered a resolution that one thousand 



MONDAY, DECEMBER 4, 1871. 339 

copies of the said sermon be printed for the use of 
members of tins House and their constituents, which 
was agreed to. 

Leave of absence was granted to Messrs. Lamkin, 
Colby, McWhorter, Smith of Coweta, and Jones. 

Mr. Hudson of Schley offered the following resolu- 
tion, which was unanimously agreed to : 

Whereas, the Hon. Wright Brady, a member of this 
House, from the county of Sumter, departed this life 
on the 30th ultimo ; and whereas, it is just and pro- 
per his memory should be honored : therefore, 

Be it resolved by the House of Representatives, That 
in the death of the Hon. Wright Brady, the General 
Assembly of Georgia has lost an honored and faithful 
member, a man who has often served his constiuents 
in councils of State, and always with fidelity and zeal. 
He was honored for his unswerving devotion to princi- 
ple and love of justice, 

Resolved, That the sympathy and condolence of the 
General Assembly is hereby tendered to his bereaved 
family and friends. 

Resolved, That the General Assembly do now ad- 
journ until ten o'clock Monday next, as a mark of 
respect to the memory of the deceased. 

Resolved, That the chair of the deceased be draped 
in mourning, and that the Clerk of this House be in- 
structed to furnish a copy of these resolutions to the 
family of the deceased. 

The Speaker declared the House adjourned until 10 
o'clock a. M. on Monday next. 



Atlanta, Geoegia, 
Monday, December 4, 1871. 
The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
the Chaplain. 



340 JOURNAL OF THE HOUSE. 

The Journal of yesterday was read and approved. 

Mr. Griffin of Houston moved to reconsider so much 
of the Journal as relates to the passage of a Senate 
bill to protect the people of this State against the ille- 
gal and fraudulent issue of bonds and securities, and 
for other purposes. 

Mr. Hudson called the previous question, and the 
call was sustained. 

The motion to reconsider was lost. 

The unfinished business of yesterday, the same being 
the motion of Mr. Fain to reconsider so much of the 
Journal of Friday as relates to the indefinite postpone- 
ment of a Senate bill to repeal the usury laws of this 
State, and to fix the rate of interest, where contracting 
parties do not fix the same in writing, was taken up. 

A call for the previous question having been sus- 
tained on Saturday, and the main question subse- 
quently voted down, the Speaker ruled that the first 
question to be voted on by the House was whether the 
main question should now be put. 

The vote was taken, and the main question ordered, 
the same being the motion to reconsider the indefinite 
postponement of the bill. 

Mr. TV D. Anderson moved to lay the motion to 
reconsider on the table, and the motion prevailed. 

Mr. Hudson offered the following resolution, which 

was agreed to : 

-Resoli-ed, That the members of this House do wear 
the usual badge of mourning for thirty days, in respect 
to the memory of the Hon. Wright Brady, deceased. 

Mr. Hoge, chairman of the Committee on the Judi- 
ciary, submitted the following report : 

Mr SjtcoJcer : 

The Committee on the Judiciary have had under con- 
sideration a number of the bills referred thereto, and I 
am instructed to report as follows : 



MONDAY, DECEMBER 4, 1871. 341 

A bill to be entitled an act to authorize the Ordinaries 
of this State to appoint constables under certain con- 
tingencies therein specified, the committee recommend 
do not pass. 

A bill to be entitled an act to provide for the levying 
and collection of a tax for the payment of the costs in 
insolvent criminal cases in the county of Lee, the com- 
mittee recommend do not pass. 

A bill to be entitled an act to establish a Board of 
Commissioners of Roads and Revenue for the county 
of Habersham, to define their duties, and for other 
purposes therein named, the committee recommend do 
pass. 

A bill to be entitled an act to create and organize a 
new judicial circuit out of the counties composing the 
Southern, Macon and Middle Circuits ; to provide for 
the appointment of a judge thereof, and for other pur- 
poses, the committee recommend do pass. 

A bill to be entitled an act to add the counties of 
Clinch, Echols and Lowndes, of the Allapaha Circuit, 
to the Southern Judicial Circuits, and to fix the time 
of holding the Superior Court in the last named cir- 
cuit, the committee recommend do pass. 

A bill to be entitled an act to provide by law for the 
division of homesteads in this State, the committee 
recommend do not pass. 

A bill to be entitled an act to alter and amend the 
road laws of this State, the committee recommend do 
not pass. 

A bill to be entitled an act to authorize the Governor 
to order an election in the county of Sumter, the com- 
mittee recommend do not pass. 

A bill to be entitled an act to incorporate the town 
of Vienna, in Dooly county, and appoint commission- 
ers for the same, and for other purposes, the committee 
recommend do pass. 

A bill to be entitled an act to authorize the Ordinary 
and Road Commissioners of the county of Dooly to 
classify the public roads in said county, and define the 



342 JOURNAL OF THE HOUSE. 

width and prescribe the amount of work to be done 
thereon, the committee recommend do pass. 

A bill to be entitled an act to increase the pay of 
grand and petit jurors of the county of Fannin, the 
committee recommend do not pass. 

A bill to be entitled an act to require Justices of the 
PeJRe and Notaries Public ex officio Justices of the 
Peace to keep dockets, and to exhibit them to the 
grand juries of their respective counties, the committee 
recommend do pass. 

A bill to be entitled an act giving the several Ordi- 
naries of this State power to appoint commissioners of 
public roads, the committee recommend do not pass. 

A bill to be entitled an act to exempt Justices of the 
Peace and Judicial Notaries Public from jury duty, 
the committee recommend do not pass. 

A bill to be entitled an act to compensate grand and 
petit jurors of the county of Jefferson, by paying them 
mileage, the committee recommend do not pass. 

A bill to be entitled an act to change the time of 
holding the' Superior Courts of Muscogee county, the 
committee recommend do pass. 

A bill to be entitled an act to authorize Nicholas J. 
Fogarty, of the county of Muscogee, to practice medi- 
cine and to charge for the same, the committee recom- 
mend do pass. 

A bill to be entitled an act to relieve maimed and 
indigent persons from paying a poll tax or doing pub- 
lic duty, the committee recommend do not pass. 

A bill to be entitled an act to encourage and protect 
the people of this State in the rearing of oysters and, 
fish in the tide waters thereof, and for other purposes, 
the committee recommend do pass. 

A bill to be entitled an act to amend an act entitled 
an act to create a Board of Commissioners of Roads 
and Revenue in the county of Grlynn, approved Octo- 
ber , 1870, the committee recommend do pass. 

A bill to be entitled an act to prescribe the manner 



; MONDAY, DECEMBER 4, 1871. 343 

of enforcing attorney's liens, and for other purposes, 
the committee recommend do not pass. 

A bill to be entitled an act to prescribe the mode of 
payment of costs in criminal cases, to Magistrates and 
Constables of Richmond connty, the committee recom- 
mend do pass. 

A bill to be entitled an act to amend the laws of this 
State in relation to fences and enclosures, and for other 
purposes, the committee recommend do pass. 

A bill to be entitled an act to require the Ordinaries 
of the several counties in the State, in issuing orders 
on the several County Treasurers, to specify in said 
order the particular fund out of which said order ought 
rightfully to be paid, the committee recommend do 
pass. 

A bill to be entitled an act to amend and add to the 
law of arson in the State of Georgia, the committee 
recommend do pass. 

A bill to be entitled an act to allow plaintiffs in exe- 
cution a right to recover damages in certain cases, the 
committee recommend do pass. 

A bill to be entitled an act to amend section 4428 of 
the Code of Georgia, so as to secure the performance 
of contracts for labor, the committee proposes to amend 
and recommend that when amended as proposed, it do 
pass. 

A bill to be entitled an act to amend an act to pre- 
scribe the practice in cases of injunction, and other 
extraordinary remedies in equity, and the manner of 
taking judgment thereon, to the Supreme Court, the 
committee recommend do pass. 

A bill to be entitled an act to amend section 649 of 
Irwin's Revised Code, the committee recommend do 
not pass. 

A bill to be entitled an act to repeal an act entitled 
an act to amend an act assented to 27th August, 1870, 
the committee recommend do pass. 

The committee propose certain amendments to a bill 
to be entitled an act to confer additional powers upon 



344 JOURNAL OF THE HOUSE. 

the corporate authorities of the town of Barnesville, 
in the county of Pike, and recommend that, when 
amended as proposed, the bill do pass. 

To a bill to be entitled an act to change the time of 
holding the Superior Court of Talbot county, the com- 
mittee propose amendments and recommend that, when 
amended as proposed, the bill do pass. 

E. F Hoge, Chairman. 

The following message was received from the Senate 
through Mr. Hill the Secretary thereof : 

Mr. Speaker: 

The Senate has passed the following bills : 

A bill to incorporate the Hawkinsville & Eufaula 
Railroad Company. 

Also, a bill to change the line between counties of 
Greene and Morgan. 

Also, a bill to authorize the local authorities of Chat- 
ham county to abolish the road leading from the Isle 
of Hope to the main road on Skidaway Island. 

Also, a bill to amend an act to incorporate the Sa- 
vannah Medical College. 

Also, a bill to carry into effect the election of Gover- 
nor to fill the unexpired term of Rufus B. Bullock. 

The Senate has also agreed to a resolution relative to 
the Cherokee Indian citizens of Georgia. 

Also, a resolution in relation to the settlement of 
John Jones, former Treasurer, with the present Treas- 
urer. 

Mr. Craig, chairman of the Enrolling Committee, , 
submitted the following report : 

Mr Speaker: 

The Committee on Enrollment reports as duly en- 
rolled and ready for the signature of the Speaker of 
the House of Representatives, the following bill, to- 

wit : 



MONDAY, DECEMBER 4, 1871. 345 

A bill to be entitled an act to amend an act, approved 
October 10, 1868, entitled an act to incorporate the 
Memphis Branch Railroad Company, and to grant 
certain powers and privileges to the same, and for 
-other purposes, and to legalize and make valid the or- 
ganization of said company 

H. L. W Craig, 
Chairman Enrolling Committee. 

The following message was received from the Execu- 
tive Department, through Mr. Corson, the Secretary 
thereof, to-wit:- 

Mr Speaker: 

His Excellency the Governor has signed the follow- 
ing act, to-wit : 

An act to repeal an act entitled an act to provide 
for an election, arid to alter and amend the laws in re- 
lation to the holding of elections, approved October 3, 
1870. 

On motion of Mr. Jackson, the rules were suspended 
and a bill to amend an act to establish a system of 
public instruction, approved October 13, 1870, and for 
other purposes, was taken up. 

Mr. Russell moved to take up the bill by sections 
and the motion prevailed. 

The first, second, third and fourth sections were read 
and passed. 

The fifth section was read. 

Mr. McMillan moved to amend by striking out of 
the third line thereof the words ' ' two dollars for said 
day's service," and inserting "such sum not exceed- 
ing two dollars for said day' s service as the grand 
jury at the time of selecting the commissioners shall 
determine." ' 

The motion prevailed and the section was passed as 
amended. 

The sixth, seventh, eighth, ninth, tenth, eleventh, 



346 JOURNAL OF THE HOUSE. 

twelfth, thirteenth, fourteenth and fifteenth sections 
were read and passed. 

The sixteenth section was read. 

Mr. Cumming moved to amend by striking out all 
•of said section after the word " session," in the eighth 
line thereof, and inserting the words ' ' and said grand 
jury maj', if they approve said estimate, authorize the 
Ordinary, or the County Commissioners in such coun- 
ties, to levy a tax sufficient to raise the requisite sum." 

The motion prevailed, and the section was passed as 
amended. 

The seventeenth section was read and passed. 

Mr. jSTetherland moved to insert as an additional sec- 
tion, to be known as section eighteen, the following 
words : 

"That in section twenty-two of said recited act of 
30th of October, 1870, after the words 'orthography, 
reading, writing, arithmetic, English grammar and 
geography,' the words 'or any of said branches suffi- 
cient to satisfy the demands of the district in which 
said applicant proposes to teach, to be judged of by 
said board,' be inserted as a part of such section." 

The motion prevailed, and said section was passed. 

The bill as amended was then read and passed as a 
whole. 

A bill to secure to educational purposes the fund 
now due to the Department of Education, to fund the 
same, and for other purposes, was read the third time. 

Mr. Jackson moved to fill the blank in the first sec- 
tion with the sum of $1,013,283. 

The motion was lost. 

Mr. Riley moved to postpone the bill indefinitely, 
and the motion was lost. 

Mr. Jackson moved to fill the blank aforesaid with 
the sum of $432,282. 

The motion did not prevail. 

Mr. Scott moved to lay the bill on the table, which 
motion prevailed. 



MONDAY, DECEMBER 4, 1871. 34? 

Leave of absence was granted Mr. Scott. 
The House took a recess until.3 o'clock p. m. 



Afteekoon Session, 3 o'clock p. m. 

*The House reassembled. 

The following bills were read tlie third time and 
passed : 

A bill to incorporate the Atlanta & Tennessee Rail- 
road Company - 

A bill to cany into effect article three, section six, 
paragraph live, of the Constitution of Georgia, to pro- 
tect the interest of the State in extending aid to rail- 
roads, and for other purposes. Passed as a substi- 
tute, recommended by the Committee on Internal Im- 
provements, for bill No. 261. 

A bill to create a Board of Commissioners for the 
county of Liberty, and to define their duties. 

A bill to amend an act to confer additional powers 
upon the Mayor and Council of the city of LaGrange, 
to regulate taxation in said city, and for other pur- 
poses. 

A bill to incorporate the town of Lawtonville. 

A bill to authorize the Mayor and City Council of 
LaGrange to issue bonds to aid in building a railroad, 
and for other purposes. 

A bill to alter and amend an act to incorporate the 
Newnan & Americus Railroad Company, and for other 
purposes, assented to August 27, 1870. 

A bill to authorize the corporate authorities of the 
city of Dalton to issue bonds for educational and other 
purposes. 

A bill to amend an act to incorporate the Lookout 
Mountain Railroad Company, and to extend the aid 
of the State to the same, and for other purposes. 

A bill to amend an act to incorporate the Gfate City 
Insurance Company of the city of Atlanta, and to 
change its name. 



348 JOURNAL OF THE HOUSE. 

A bill for the election and creation of a Board of 
Commissioners for the .county of Screven. 

A bill to authorize the Board of Commissioners for 
Liberty county to levy a tax on pistols, guns and dogs, 
for county purposes. 

Mr. William D. Anderson, chairman of the Commit- 
tee on Corporations, submitted the following report : 

Mr Speaker: 

The Committee on Corporations have considered the 
following bills : 

A bill to amend the act incorporating the town of 
Montezuma, which the committee recommend do pass, 
as amended. 

A bill to be entitled an act to incorporate the Georgia 
& Alabama Coal and Iron Mining and Manufacturing 
Company, which the committee recommend do pass. 

A bill to incorporate the town of Lawtonville, which 
the committee recommend do pass as amended. 

A bill to incorporate the Central Insurance Company, 
which the committee recommend do pass. 

A bill to incorporate the town of DeSoto, in the 
county of Floyd, which the committee recommend do 
.^pass, as amended. 

A bill to incorporate the Nutting Cotton Manufac- 
turing Company, of Macon, Georgia, which the com- 
mittee recommend do pass, as amended. 

A bill to incorporate the town of Dublin, in the 
county of Laurens, which the committee recommend 
do pass, as amended. 

A bill to amend the act to construct a railroad from 
Elberton, Georgia', to intersect with the New York & 
New Orleans Air-Line Railroad, which the committee 
recommend do pass, as amended. 

A bill to incorporate the town of Luthersville, in 

Meriwether county, which the committee recommend 

do pass. 

William D. Anderson, Chairman. 



MONDAY, DECEMBER 4, 1871. 349- 

Mr. Divis of Newton, chairman of the Committee on 
Agriculture and Manufactures, made the following re- 
port, to-wit: 

Mr Spealcer : 

The Committee on Agriculture and Manufactures, to 
whom were referred certain bills, have had the same 
under consideration, and make the following report, 
to-wit : 

A bill to be entitled an act to make it the duty of 
the several Tax Receivers of this State to collect agri- 
cultural statistics, in addition to their other duties, and 
recommend that the same do pass. 

Also, a bill to be entitled an act to incorporate the 
Oglethorpe Manufacturing Company of Augusta, and 
to exempt the same from taxation for a limited period, 
and recommend that it do pass, as amended, to-wit : 
in section five, amend by striking out "seven years," 
and inserting "five years." 

John B. Davis, Chairman. 

Mr. Gumming, chairman of the Committee on Banks, 
submitted the following report, to-wit : 

Mr Speaker: 

The Committee on Banks have had under considera- 
tion a Senate bill to be entitled an act to incorporate 
the Mechanics' & Traders' Bank of Georgia, and re- 
commend that said bill be amended by striking out all 
of the eighth section thereof, after the word "liable," 
in the seventeenth line, and inserting in lieu of so much 
of said section as is stricken out, the following lan- 
guage, to-wit: "For the ultimate payment of the lia- 
bilities of said bank in proportion to the number of 
shares held by such stockholder;" and that the bill, 
when so amended, do pass. 

The committee have also had under consideration a 
bill to be entitled an act to incorporate the Peoples' 
Savings Bank of Newnan, and recommend the first 



350 JOURNAL OF THE HOUSE. 

section of said bill be amended by adding thereto the 
following proviso, to-wit : "Provided also, that noth- 
ing herein or therein contained be construed to give to 
said People's Savings Bank of Newnan, the right to 
take liens on crops to be raised ; ' ' and that said bill, 
when so amended, do pass. 

The committee have also had under consideration a 
bill to be entitled an act to incorporate the Northern 
Bank of the State of Georgia, and recommend that 
said bill do pass. 

Joseph B. CuinnxG-, 
CJtairman of Committee on Banks. 

The following message was received from the Senate 
through Mr. Hill, the Secretary thereof : 

Mr Speaker: 

The Senate has passed the following bill of the 
House of Representatives, with certain amendments, 
in which they ask the concurrence of the House of 
Representatives : 

A bill to exempt firemen from jury duty 

The following message was received from the Execu- 
tive Department through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr Speaker: 

His Excellency, the Governor, has approved and 
signed the following acts, to-wit : 

An act to amend an act approved October 10th, 1868, 
entitled an act to incorporate the Memphis Branch 
Railroad Company, and to grant certain powers and 
privileges to the same, and for other purposes, and to 
legalize and make valid the organization of said com- 
pany 

Also, an act to authorize the revision of the jury box 
in the counties of Cherokee, Twiggs and Fulton. 



MONDAY, DECEMBER 4, 1871. 351 

Mr. Hoge offered a resolution requiring the Commit- 
tee on Finance to inquire into a claim of Murphy and 
Rasberry for services in arresting and convicting J. 
W Redmond, of Lumpkin county, which, without 
"being read, was referred to the aforesaid committee. 

On motion of Mr. Russell, the rules were suspended 
and a House bill to exempt firemen from jury duty 
was taken up, and the Senate amendments thereto 
concurred in. 

The following bills were read the third time and lost : 

A bill to restrict the operation of the several sections 
of Irwin's Revised Code from section 2333 to 2346, 
both inclusive, in the counties of Hart and Haber- 
sham. 

A bill to require the owners of wild and unimproved 
lands in this State to return and pay taxes on the same 
in the county where said lands are situated. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has passed the follcfwing bills, and I am 
instructed to transmit the same forthwith to the House 
of Representatives : 

A bill to change the time of holding the Superior 
Courts of the Brunswick: Judicial Circuit, and for 
other purposes. 

Also, a bill to authorize the town council of Forsyth 
to issue bonds as currency, and for other purposes. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr Speaker: 

I am directed by his Excellency the Governor to de- 



352 JOURNAL OF THE HOUSE. 

liver to the House of Representatives, a communica- 
tion in writing, with accompanying document. 

On motion of Mr. Hoge, the rules were suspended, 
and a Senate bill to amend the law in relation to writs 
of quo warranto in the State of Georgia, was read the 
second time and committed. 

A bill to repeal an act incorporating the town of 
Gainesville, under the name and style of the city of 
Gainesville, and to incorporate the same as a town,, 
and for other purposes, was read the third time. 

Mr. Simmons of Hall moved to strike out the four- 
teenth section. 

Mr. Riley called the previous question, and the call 
was sustained. 

The motion to strike out was put and lost. 

The bill was then passed. 

Mr. Simmons of Hall gave notice that he would 
move on to-morrow, to reconsider so much of the ac- 
tion of the House as relates to the loss of the motion 
to strike out the fourteenth section of said bill. 

Mr. Hoge offered a resolution that in addition to the 
morning and afternoon sessions now required by the 
existing order of the House, an evening session from 
seven to nine o' cloak shall hereafter be held, which 
was read and agreed to. 

Mr. Phillips, chairman of the Committee on Priv- 
ileges and Elections, submitted the following report : 

Mr. SpeaJcer : 

The committee, to whom was referred the memorial 
of John D. Sims and Andrew J. Smith, contesting the 
right of Harrison J Sargent and Samuel Smith to 
seats in the House of Representatives as members 
from Coweta county, report that we have examined 
the certified returns of the managers of the election, 
and their consolidated report shows that Harrison J. 
Sargent received 1,513 votes; Samuel Smith, 1,446 
votes; JohnD. Sims received 1,194 votes, and Andrew 



MONDAY, DECEMBER 4, 1871. 353 

J. Smith received 1,174 votes ; and your committee re- 
port further, that, upon an examination of the ballots, 
the fact was ascertained that 274 votes were cast for 
Sargent and Samuel Smith, by persons who had not 
paid the poll tax required of them for the year 1869, 
and that Sims and Andrew J. Smith received twelve 
votes cast by persons who likewise had not paid such 
tax. When these alleged illegal votes are deducted, 
it leaves the legal votes of the several candidates as 
follows: for H. J. Sargent, 1,239 votes; for Samuel 
Smith, 1,172 votes ; -for John D. Sims, 1,182 votes, and 
for Andrew J. Smith, 1,162 votes, which state of the 
polls elects Sargent and Sims. If Sargent should be 
unseated because of the ineligibility alleged against 
him, it would leave Sims and Samuel Smith the Rep- 
resentatives from Coweta county Your committee 
are of the opinion that the votes cast by persons who 
had not paid their poll tax for the year 1869 were ille- 
gal, and in support of that position, we submit, for 
the consideration of the House, the following points : 

The act of March 18, 1869, to levy and collect a tax 
for the support of the government for the year 1869, 
and for' other purposes, in the ninth item of its first 
section, declares that each and every male inhabitant 
of this State, on the first day of April, between the 
ages of twenty-one and sixty, shall pay a tax of one 
dollar for educational purposes. (See Laws of Geor- 
gia, 1869, p. 160.) 

By resolution of the General Assembly, approved 
May 4, 1870, and declared to be in force by General 
Terry, the validity of the act of 1869 was recognized, 
and it was continued in full force until otherwise or- 
dered by the General Assembly in 1870. The act of 
July 28, 1870, to set apart and secure the School Fund, 
makes it the duty of the Comptroller General to ascer- 
tain the exact amount due the Educational Fund up 
to the first of July, 1870. 

Thus it will be seen that the poll tax was assessed 
by law, and required by law to be, paid, and the par- 



354 JOURNAL OF THE HOUSE. 

ties had an opportunity of paying it, and that the 
year 1869 was the year preceding the election at which 
they voted. Your committee also are of the opinion 
that these votes were cast in direct violation of the 
second section of the second article of the Constitution 
of this State, which places the citizen's right to vote 
upon the fact that he had paid all taxes which may- 
have been required of him, and which he has had an 
opportunity of paying. 

Your committee are also of the opinion that the act, 
approved October 25, 1870, is judicial and not legis- 
lative, and that it is unauthorized by the Constitution. 
It does not repeal any act or resolution whatever, nor 
does it propose to repeal anything. It simply states 
what are three provisions of the Constitution, and re- 
cites what the General Assembly did not do at its first 
session, and then decides and adjudges that all poll 
tax assessed for the years 1868, 1869 and 1870 is illegal 
and not warranted by the Constitution of the State. 
Your committee, with these points and statement of 
facts before them, which have not been submitted with- 
out due and impartial consideration, recommend, if 
the House decides that Harrison J. Sargent is ineligi- 
ble to office, that John D. Sims be seated, and that 
Samuel Smith be permitted to retain his seat ; but, on 
the other hand, if the House decides that Harrison J. 
Sargent is eligible, we then recommend that John D. 
Sims, who received the next highest number of legal 
votes, be seated in the place of Samuel Smith. 

R. W Phillips, Chairman. 

Mr. Phillips, chairman of the Committee on Privil- 
eges and Elections, also submitted the following re- 
port : 

Mr Speaker: 

The memorial of James Houston, of the county of 
Glynn, being referred to your committee, contesting a 
seat with James Blue, the present incumbent, has been 



MONDAY, DECEMBER 4, 1871. 355 

under consideration, and we respectfully submit that, 
after carefully investigating the matter, your commit- 
tee beg to report that the consolidated returns of the 
managers show that Mr. Blue received 671 votes and 
Mr. Houston 614, which makes the majority of Mr. 
Blue 57. Upon further investigation, the fact was as- 
certained that 15 votes were cast for Mr. Blue by per- 
sons who did not reside in the county, and 9 votes 
were cast for him by minors, making 24; and that 
there were cast during the election 221 votes, also for 
him, by persons who had not paid theij| taxes during 
the year 1869, making in the aggregate 245 illegal 
votes cast for Mr. Blue, which reduces his vote to 426. 
It was further ascertained that Mr. Houston received 3 
votes cast by minors and 23 votes cast by persons who 
had not paid their taxes for the year 1869, making 26 
illegal votes in the aggregate, which reduces the num- 
ber of votes cast for Mr. Houston to 588, and which, 
on balance, gives him a majorily of 162 legal votes 
over his opponent. 

Your committee, therefore, having presented an opin- 
ion in the contested election case from Coweta county 
in regard to votes cast by persons who had not paid 
their taxes, do not think that it is necessary to do so 
again in this report. We therfore recommend that Mr. 
Houston, the contestant, who, in the opinion of your 
committee, has been legally elected, be seated in the 
place of James Blue, the present incumbent from the 
county of Grlynn. 

R. W Phillips, Chairman. 

On motion of Mr. Phillips, the rules were suspended, 
and the foregoing report was taken up. 

The question being upon adopting the report, Mr. 
Russell called the previous question, and the call was 
sustained. 

Mr. Clower moved to lay the report on the table, and 
the motion was lost. 

After some discussion, Mr. Clower moved to post- 
pone action on the report indefinitely 



356 JOURNAL OF THE HOUSE. 

The motion did not prevail. 

Mr. McMillan moved to recommit the matter. 

The Speaker ruled that the previous question hav- 
ing been ordered, the motion to recommit was out of 
order. 

Mr. McMillan moved to suspend the rules for the 
purpose of making his motion to recommit. 

The Speaker ruled the motion to suspend the rules 
out of order. 

Mr. Simmons of Gwinnett appealed from the de- 
cission of 'the ^hair. 

The ruling of the Speaker was sustained by the 
House. 

The main question was put, and the report of the 
committee not adopted. 

Mr. McMillan gave notice that he would move a re- 
consideration of this action of the House to-morrow. 

A bill to create and organize a new Judicial Circuit 
out of the counties composing the Southern, Macon 
and Middle Circuits, to provide for the appointment of 
a Judge thereof, and for other purposes, was read the 
third time. 

Mr. Clements moved to strike out the county of 
Montgomery 

The motion prevailed, and the bill thus amended 
was then passed. 

A bill to add the counties of Clinch, Echols and 
Lowndes, of the Allapaha Circuit to the Southern Ju- 
dicial Circuit, and to fix the time of holding the Supe- 
rior Courts in the last named circuit, was read the 
third time and laid on the table. 

On motion of Mr. Clower, the rules were suspended, 
and a Senate bill to authorize the town council of 
Forsyth to issue bonds as currency, and for other pur- 
poses, was read the first time. 

A bill to refund to Jackson, Lawton & Bassinger a 
certain amount of money, etc., was read the third time. 

The House went into Committee of the Whole for 
the consideration of the same. 



MONDAY, DECEMBER 4, 1871. 357 

Mr. Jackson, chairman of the Committee of the 
Whole, reported the bill back to the House, with cer- 
tain amendments. 

The report was agreed to, and the bill, as thereby 
amended, was passed. 

The House took a recess until 7 o' clock p. m. 



Night Session - , 7 o' clock p m 



The House reassembled. 

The following bills were read the third time and 
passed : 

A bill to correct and amend an act to incorporate the 
Atlanta & Lookout Railroad Company Approved 
October 24, 1870. 

A.bill to change the time of holding the Superior 
Courts of the county of Gfordon. Passed with amend- 
ments. 

A bill to incorporate the Atlantic, Fort Yalley & 
Memphis Railroad Company 

A bill to establish a board of Commissioners of Roads 
and Revenue in the county of Habersham. Amended 
by including the county of Lowndes. 

A bill to consolidate the Chattooga Coal & Iron and 
Trion Railway Companies. 

A bill to extend the right of dissolving garnishments 
to persons other than defendants. 

A bill to amend an act to incorporate the town of 
Clarkesville, in the county of Habersham, and for 
other purposes. Passed with amendment. 

A bill to require Justices of the Peace and Notaries 
Public ex-officio Justices of the Peace, to keep dockets 
and exhibit them to the grand juries of their respective 
counties. 

A bill to amend an act to incorporate the Grand 
Lodge Knights of Jericho, of the State of Gfeorgia. 



3:>S JOURNAL OF THE HOUSE. 

A bill to amend an act incorporating the town of 
Morgan, in the county of Calhoun. 

A bill to prevent parties from driving or carrying 
away stock from their range, and for other purposes. 

A bill to amend an act to incorporate the proprietors 
of the Augusta Canal, and to confirm certain ordi- 
nances of the City Council of Augusta, and for other 
purposes. 

A bill to amend an act, assented to 3lst December, 
1S38, to establish and incorporate a Medical College in 
the city of Savannah, and for other purposes. 

A bill to amend an act to incorporate the town of 
Montezuma, in the county of Macon. 

A bill to incorporate the Georgia Diamond Mining 
Company- Passed as a substitute, recommended by 
the Committee on Corporations, for bill ~No. 305, of the 
same title. 

A bill to alter and amend an act to amend and alter 
the charter of the city of Columbus. Approved March 
8, 1866. 

A bill to provide for the payment of a portion of 
the fund raised for school purposes to the city of Co- 
lumbus. Passed as amended b} r report of the Fi- 
nance Committee. 

The following bills were read the second time and 
ordered to be engrossed : 

A bill to appropriate money to pay the heirs of the 
late Colonel Mordecai Sheftall, of Savannah. 

A bill to amend an act to incorporate the town of 
Blakely 

A bill to levy and collect a tax for the support of 
the Government for the year 1872 was read the second 
time and referred to the Committee on Finance. 

Mr. Johnson of Spalding introduced a bill to pro- 
tect the i^eople of the State of Georgia from the pay- 
ment of either interest or principal of any bonds issued 



MONDAY, DECEMBER 4, 1871. 359 

by any railroad company and illegally or fraudulently 
indorsed by the State, and to provide for the registra- 
tion of bonds, and for other purposes, which was read 
the first time. 

A bill to exempt from jury duty in the county of 
Chatham all regularly licensed physicians who are 
actually engaged in the practice of their profession, 
was read the third time. 

Mr. Etheridge moved to amend by striking out the 
words "the county of Chatham," so as to make the 
bill general. 

Mr. Bryan moved to insert the word " dent^ts." 

The motion of Mr. Bryan was lost ; that of Mr. 
Etheridge prevailed, and the bill was passed as amended. 

A bill to change the time of holding the Superior 
Courts of the Flint Judicial Circuit, was read the third 
time. 

Mr. Hall of Upson offered as a substitute a Senate 
bill of the same title, to which the Committee on the 
Judiciary had recommended certain amendments. The 
substitute was adopted. 

Mr. Johnson of Spalding moved to except from the 
provisions of the bill the county of Spalding. The 
motion prevailed, and the bill as thus amended was 
passed. 

A bill to authorize Sheriffs and other levying officers 
to collect advertising fee and costs of keeping property 
in their possession, before accepting affidavits of ille- 
gality and claims, was read the third time. 

Mr. Bush moved to amend by providing that said 
bill should apply and be of force in the county of 
Miller only. 

The motion prevailed, and the bill as thus amended 
was passed. 

The following bills was read the third time and lost : 

A bill to incorporate the Stone Mountain, Lawrence- 
ville & Athens Railroad Company. 



360 JOURNAL OF THE HOUSE. 

A bill to amend an act to establish a system of 
public instruction, so far as relates to tlie county of 
Lumpkin. 

Mr. McMillan gave notice that he would move to- 
morrow to reconsider the loss of the last mentioned 
bill. 

A bill to regulate lost time of labors. 

A bill to authorize parties in certain cases to file 
bills of exceptions. 

A bill to amend an act entitled an act to amend and 
secure the proceeds, profits or rents arising from home- 
steads in this State, was read the third time, and laid 
on the table. 

Leave of absence was granted Mr. Graham. 

The House, on motion, adjourned until 9 o'clock a. 
il to- morrow 



Atlanta, Georgia, 
Tuesday, December 5, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev. Mr. Heidi 

The Journal of yesterday was read and approved. 

Mr. W D. Anderson moved to reconsider so much 
of the Journal as relates to the passage of a bill to in- 
corporate the Atlanta & Tennessee Railroad Company. 

The motion did not prevail. 

Mr. Simmons of Hall moved to reconsider so much 
of the Journal as relates to the passage of a bill to 
repeal an act incorporating the town of Gainesville, un- 
der the name and style of the city of Gainesville, and 
to incorporate the same as a town, and for other pur- 
poses. 

Mr. Simmons of Hall called the previous question, 
which was sustained. 

The motion to reconsider prevailed. 



TUESDAY, DECEMBER o, 1871. 361 

Mr. Hunter moved to reconsider so much of the 
Journal as relates to the passage of a bill to create and 
organize a new Judicial Circuit out of the counties 
composing the Southern. Macon and Middle Circuits, 
and for other purposes. 

The motion prevailed, and, on motion of Mr. Hun- 
ter, the bill was laid on the table. 

Mr. McMillan moved to reconsider so much of the 
Journal as relates to the loss of a bill to amend an act 
to establish a system of public instruction, so far as 
relates to the county of Lumpkin. The motion pre- 
vailed. 

Mr. McMillan moved to reconsider so much of the 
Journal as relates to the refusal of the House to adopt 
the report of the Committee on Privileges and Elec- 
tions, respecting the Gflynn county contested election. 

Mr. Griffin of Houston made the point of order that 
the House having refused to adopt the report of the 
committee, the right of the present incumbent to the 
seat was thereby fixed, and instanced the case of the 
Spalding county contested election, where the con- 
testant was allowed to qualify and take his seat as soon 
as the report of the committee, recommending the 
same, was adopted. 

The Speaker ruled the x^oint not well taken, on the 
ground that in the case mentioned, the contestant, 
whom the report of the committee had declared entitled 
to the seat, was, upon the adoption of said report, al- 
lowed to take the oath, as a matter of right ; but, in 
the present case, the member whose seat was contested 
had occupied the same during the session, and his 
rights could not be prejudiced by a reconsideration, 
which looked to further investigation of the same. 

Mr. Davis of Clarke made the point of order that 
the House having refused to adopt the report of the 
committee, -there was nothing before the House, and, 
therefore, the motion to reconsider could not be enter- 
tained. 

The Speaker ruled the point not well taken. 



362 



JOURNAL OF THE HOL'SE. 



Mr. Richards called the previous question, and the 
call was sustained. 

The question being the motion to reconsider, the 
yeas and nays were called for. 

Those voting in the affirmative are Messrs. — 



Anderson, Wm. P., 

Baker of Pike, 

Barksdale, 

Beaseley, 

Berrien, 

Bowie, 

Bush, 

Cloud, 

Cox, 

Dell, 

Edwards, 

Those voting in 

Allred, 

Anderson, Wm. D., 

Atkinson, 

Bacon, 

Baker of Bryan, 

Barron, 

Bateman, 

Battle, 

Braddy, 

Brewton of Tatnall, 

Bruton of Decatur, 

Brown, 

Bryan, 

Bunn, 

Campbell, 

Carlton, 

Cato, 

Cliastain, 

Clark of Kiclimond, 

Clark of Troup, 

Clegliorn, 

Clements, 

Clower, 

Cody, 

Colby, 

Collins, 

Converse, 

Crittenden, 



Fain, 

Flynt, 

Glover, 

Head, 

Jenkins, 

Johnson of Spalding, 

McMillan, 

Pentecost, 

Phillips, 

Pierce, 



Russell, 

Sellers, 

Slaton, 

Smith of Oglethorpe, 

Spence, 

Stovall, 

Taylor, 

Watters, 

Woodward, 

Wynn. 



the negative are Messrs. - 



Davis of Clarke, 

Davis of Newton, 

Dukes, 

Emerson, 

Ethridge, 

Farmer, 

Field, 

Floyd, 

Franklin, 

Goodman, 

Gray, 

Griffin of Houston, 

Griffin of Twiggs, 

Guerry, 

Guyton, 

Hall of Meriwether, 

Hall of Upson, 

Hammond, 

Hancock, 

Harvey, 

Heidt, 

Hillyer, 

Hoge, 

Howell, 

Hooks, 

Hudson, 

Hughes, 

Hunter, 



Jackson, 

Johnson of Clay, 

Joiner, 

Jones of Gwinnett, 

Kelly, 

Kennedy, 

Killian, 

Knowles, 

Lang, 

Lewis, 

Lipsey, 

Mann, 

Martin, 

Mattox, 

McConnell, 

McNeal, 

Meadows, 

Moreland, 

Morris, 

Morrison, 

Murphy of Burke, 

Murphy of Harris,. 

Netherland, 

Nutting, 

Oliver, 

O'Neal, 

Omiond, 

Palmer, 



TUESDAY, DECEMBER 5, 1871. 363 

Patillo, Richardson, Tarver, 

Paulk, Riley, Trammell, 

Paxton, Rountree, "West, 

Payne, Rutherford, Whatley, 

Peeples, Sargent, Williams, 

Pou, Simmons of Gwinnett, "Wilson, 

Putney, Simmons of Houston, "Wofford of Banks, 

Reid, Smith of Coweta, Wofford of Bartow, 

Richards, Summerlin, Wood. 
Yeas, 31. Nays, 111. 

So tlie motion to reconsider did not prevail. 

The following message was received from the Senate, 
through Mr. Hall, the Secretary thereof: 

Mr. Speaker: 
The Senate has passed the following bill, to-wit : 

A bill to create a county court for each county in 
this State, except such counties as are therein excepted, 
and for other purposes. 

Mr. Craig, chairman of the Enrolling Committee, 
submitted the following report : 

Mr Speaker: 

The Committee on Enrollment report as duly enrolled 
and ready for the signature of the Speaker of the 
House of Representatives, the following bill, to-wit : 

A bill to be entitled an act to exempt firemen from 
jury duty 

H. L. W Craig, 

Chairman Enrolling Committee. 

Mr. Davis of Newton, chairman of the Committee on 
Agriculture and Manufactures, to whom was recom- 
mitted the bill to prohibit and make penal the sale or 
purchase of agricultural products between the hours 
of sunset and sunrise, made the following report : 

Mr, Speaker: 
The Committee on Agriculture and Manufactures, to 



364 JOURNAL OF THE HOUSE. 

whom was recommitted the bill to prohibit and make 
penal the sale or purchase of agricultural products, 
etc., with the amendments thereto, have had the same 
under consideration, and recommend that the bill do 
pass, with the amendments previously reported by the 
committee. 

J. B. Davis, Chairman. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr. Speaker: 

His Excellency the Governor has approved and 
signed the following act, to-wit : 

An act to change the line between the counties of 
Mcintosh and Liberty- 
Mr. Hoge, chairman of the Committee on the Judi- 
ciary, submitted the following report : 

Mr. Speaker: 

The Committee on the Judiciary have had under con- 
sideration a number of bills referred thereto, and re- 
commend as follows : 

That a bill to be entitled an act to repeal and alter 
the punishment prescribed in the folio-wing sections of 
the Code of Georgia, viz: 4276, 4278, 4279, 4290, 4303, 
4307, 4335, 4345, 4348, 4349, 4350, 4351, 4353, 4368, 
4372, 4373, 4403, 4408, 4411, and 4412, do not pass. 

That a bill to be entitled an act to enforce the fifth 
article, twelfth section, second paragraph of the Con- 
stitution of 1868, do pass. 

That a bill to be entitled an act to require the sev- 
eral Judges of this State to give specially in charge to 
the grand juries, sections 4489, 4490 and 4491 of the 
Code, do not pass. 

That a bill to be entitled an act to regulate the prac- 
tice of the courts on trials before juries in certain par- 
ticulars, do pass. 



TUESDAY, DECEMBER 5, 1871. 365 

That a bill to be entitled an act to provide the mode 
of adjudicating the rights of parties, under article 
seven of the Constitution of this State, do pass. 

That a bill to be entitled an act to provide for the 
time of holding the Superior Courts of the Eastern 
Circuit, do pass. 

That a bill to be entitled an act to repeal section 121 
of Irwin's Revised Code, do pass. 

That a bill to be entitled an act to amend section 4251 
of Irwin' s Revised Code, do pass. 

That a bill to be entitled an act to prescribe for suits 
against joint obligors, etc., in the City Court of Savan- 
nah, do pass. 

That a bill to be entitled an act to provide for taking 
bonds of public officers and qualifying them, do pass. 

That a bill to be entitled an act to impose certain 
duties and confer certain powers upon the Ordinary of 
Union county, with reference to the opening of a new 
road in said county, do pass. 

That a bill to be entitled an act to legalize the sub- 
scription of Indian Springs to the Griffin, Monticello 
& Madison Railroad Company, do pass. 

That a bill to be entitled an act to make slander a 
criminal offense, do not pass. 

That a bill to be entitled an act to relieve joint debtors 
by judgment, do pass. 

That a bill to be entitled an act to prescribe the man- 
ner of incorporating documentary evidence in bills of 
exception, and for other purposes, do not pass. 

That a bill to be entitled an act to amend paragraph 
in section 2741 of the Code of Georgia, do not pass. 

That a bill to be entitled an act to make certified 
extracts from the books and records of railroad com- 
panies and chartered banks evidence in certain cases, 
do not pass. 

That a bill to be entitled an act to repeal an act en- 
titled an act to provide for an election, and to alter 
and amend the laws in relation to the holding of elec- 
tions, assented to October 3, 1870, do not pass. 



366 JOURNAL OF THE HOUSE. 

That a bill to be entitled an act to create a Board of 
Roads and Revenue in the county of Dawson, do 
pass. 

That a bill to be entitled an act to provide for the 
mode of filling vacancies in the office of Ordinary, 
which may now, or hereafter, exist, in the several 
counties of this State, do pass. 

That a bill to be entitled an act to alter an amend 
section 4779 of the Revised Code, do pass. 

For a bill to be entitled an act to revive and declare 
of full force and effect an act entitled an act to organize 
a criminal court for each county in this State, assented 
to October 7th, 1870, and the several acts amendatory 
thereof, so far as relates to the county of Chattooga, 
and to legalize certain proceedings thereunder, the 
committee propose a substitute, and recommend that 
it do pass. 

E.JF. Hogi:, Chairman. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof : 

Mr. Speaker: 

The Senate has passed the following bill of the House 
of 'Representatives : 

A bill to amend section 178 of the Revised Code. 

A bill to secure to educational purposes the fund 
now due to the Department of Education, to fund the 
same, and for other purposes, which was tabled on 
yesterday, was, on motion of Mr. Jackson, taken up. 

Mr. Jackson moved to fill the blank in the first sec- 
tion with the sum of 8327,084, which motion prevailed. 

Mr. Dell moved to amend, by adding to the third 
section the following words, "provided that this act 
shall not be construed to authorize the issue of any 
other educational .bonds under existing laws, but any 
other issue of educational bonds und<T such laws is 
hereby forbidden." 



TUESDAY, DECEMBER 5, 1871. 367 

The motion prevailed, and the bill, as thus amended, 
was then passed. 

Mr. Hoge offered a resolution, that the use of this 
hall be tendered to the Democratic Convention that 
assembles in this city to-morrow, and that when the 
House adjourns this evening, it adjourns to meet at 9 
o'clock, a. m., Thursday 

Mr. Bacon offered, as a substitute, that on Wednes- 
day, December 6th, this House will take a recess from 
11|- o'clock a. m., to 7 o'clock p. mr., and that during 
said recess the use of this hall be tendered to the Dem- 
ocratic Convention, which will meet in this city, to 
nominate a candidate for the office of Governor. 

The substitute was agreed to. 

Mr. Fain, chairman of the Committee on New Coun- 
ties and County Lines, submitted the following report : 

Mr, Speaker: 

The Committee on New Counties and County Lines 
have had under consideration the several following 
bills, to-wit: 

A bill to be entitled an act to change the boundary 
line of Wilkes and Taliaferro counties, so as to include 
the plantation of Mrs. Sarah A. Stephens, in the county 
of Wilkes, which they recommend do pass. 

A bill to be entitled an act to authorize Douglas 
county to take stock in the Georgia Western Railroad, 
which they recommend do not pass. 

A bill to be entitled an act to change the line between 
the counties of Wilcox and Pulaski, and for other 
purposes, which they return without recommendation. 

A bill to be entitled an act to repeal an act entitled 
an act to change the county site of Telfair county to a 
point on the Macon & Brunswick Railroad, as near the 
center of the county as possible, which they return 
without recommendation. 

A bill to be entitled an act to lay out and form a new 



368 



JOURNAL OF THE HOUSE. 



county by the division of Jefferson county, and to or- 
ganize the same, "which they recommend do pass. 

J. C. Faix, Chairman. 

A bill to prohibit and make penal the sale or pur- 
chase of agricultural products between the hours of 
sunset and sunrise, Avas taken up. 

Mr. Johnson of Spalding moved to lay the bill, with 
amendments, on the table. 

Mr. Hunter called for the yeas and naj^s, and the 
call was sustained. 



Those 


voting 


in the affirmative are Messrs. — 


Allred, 




Converse, 


Morris, 


Anderson, 


Wm. D, 


Davis of Clarke, 


Morrison, 


Anderson, 


Win. P, 


Fain, 


Netherland, 


Atkinson, 




Floyd, 


Oliver, 


Bacon, 




Flynt, 


O'Xeal, 


Baker of Bryan, 


Franklin, 


Ormond, 


Ballanger, 




Goldsmith, 


Palmer, 


Barksdale, 




Goodman, 


Paxton, 


Barron, 




Gray, 


Pentecost, 


Battle, 




Griffin of Houston, 


Phillips, 


Beaseley, 




Griffin of Twiggs, 


Pou, 


Bell, 




Hall of Upson, 


Putney, 


Blue, 




Hancock, 


Rawls, 


Braddy, 




Head, ' 


Reid, 


Bruton of Decatur, 


Hillyer, 


Richards, 


Brown, 




Howell, 


Richardson, 


Bunn, 




Hooks, 


Riley, 


Bush, 




Johnson of Spalding, 


Sellers, 


Butts, 




Joiner, 


Simmons of Hall, 


Campbell, 




Killian, 


Simmons of Houston, 


Christian, 




Knowles, 


Smith of Coweta, 


Clcghorn, 




Lewis, 


Trammell, 


Clements, 




Mansfield, 


West, 


Cloud, 




Mattox, 


Williams, 


Clower, 




McConnell, 


Wofford of Banks, 


Colby, 




Meadows, 


Wofford of Bartow. 


Those 


voting 


in the negative are 


Messrs. — 


Baker of Pike, 


Bryan, 


Cox, 


Bateman, 




Carlton, 


Crittenden, 


Berrien, 




Cato, 


Cumming, 


Bowie, 




Clark of Richmond, 


Davis of Newton, 



TUESDAY, DECEMBER 5, 1871. 



36& 



Dell, 


Jackson, 


Renfroe, 


Edwards, 


Jenkins, 


Russell, 


Etheridge, 


Jones of Gwinnett, 


Rutherford, 


Farmer, 


Kelly, 


Simmons of Gwinnett. 


Glover, 


Kennedy, 


Slaton, 


Guerry, 


Lang, 


Smith of Oglethorpe, 


Guyton, 


Mann, 


Snead, 


Hammond, 


Martin, 


Stovall, 


Harvey, 


McMillan, 


Tarver, 


Heidt, 


McNeal, 


Taylor, 


Hoge, 


Moreland, 


Watters, 


Hudson, 


Murphy of Burke, 


Whatley, 


Hughes, 


Peeples, 


Woodward, 


Hunter, 


Pierce, 


Wynn. 



Yeas, 78. Kays, 55. 

So the motion to lay on the table prevailed. 

Mr. Hunter gave notice that he would move to re- 
consider to-morrow this action of the House. 

Mr. Craig, Chairman of the Enrolling Committee, 
submitted the following report : 

Mr. Speaker : 

The Committee on Enrollment report as duly en- 
rolled and ready for the signature of the Speaker of 
the House of Representatives, the following bill, to- 
wit : 

A bill to be entitled an act to alter and amend sec- 
tion 178 of Irwin' s Revised Code. 

H. L. W Craig, 
Chairman Enrolling Committee. 

Mr. Cumming, Chairman of the Committee on Pub- 
lic Buildings, submitted the following report, to-wit : 

Mr Speaker: 

The Committee on Public Buildings, in pursuance 
of a resolution, instructing the committee to examine 
the capitol building, to ascertain its condition as to 
safety, and to employ an architect to aid the commit- 
tee, has the honor to report that the committee em- 
24 



370 



JOURNAL OF THE HOUSE. 



ployed Mr. David B. Woodruff, and, assisted by him, 
made the examination. The committee beg leave to 
submit the written statement of Mr. Woodruff as to 
the condition of the building, as a part of this report. 

Joseph B. Cummixg, 
Chairman of Committee on Public Buildings. 

The report of Mr. Woodruff was read. 

The following message was received from the Execu- 
tive Department through Mr. Atkinson, the Secretary 
thereof, to-wit: 



Mr Speaker: 

I am directed by his Excellency the Governor to de- 
liver to the House of Representatives a communication 
in writing, with accompanying document. 

A bill to incorporate the Merchants 1 & Mechanics' 
Savings Bank of Columbus, Georgia, was read the 
third time. 

A constitutional majority of two-thirds being re- 
quired, the vote was taken by yeas and nays. 

Those voting in the affirmative are Messrs. — 



Anderson, 


Win. 


D. 


Campbell, 


Etheridge, 


Anderson, 


Wm. 


P. 


Cato, % 


Fain, 


Baker of Pike, 




Clark of Richmond, 


Farmer, 


Barron, 






Cleghorn, 


Field, 


Battle, 






Cloud, 


Floyd, 


Beaseley, 






Clower, 


Flynt, 


Bell, 






Cody, 


Franklin, 


Berrien, 






Colby, 


Glover, 


Blue, 






Collins, 


Goldsmith, 


Bowie, 






Cox, 


Goodman, 


Braddy, 






Craig, 


Griffin of Twiggs, 


Brewton of Tatnall, 


Cumming, 


Guerry, 


Bruton of Decatur, 


Davis of Clarke, 


Guyton, 


Brown, 






Davis of Newton, 


Hall of Meriwether, 


Bryan, 






Dukes, 


Hall of Upson, 


Bunn, 






Edwards, 


Hancock, 


Bush, 






Emerson, 


Harvey, 



TUESDAY, DECEMBER 5, 1871. 



371 



Head, 


Mattox, 


Richards, 


Heidt, 


McConnell, 


Richardson, 


Hillyer, 


McMillan, 


Riley, 


Hoge, 


Meadows, 


Roundtree, 


Howell, 


Moreland, 


Rutherford, 


Hooks, 


Morrison, 


Sellers, 


Hudson, 


Murphy of Burke, 


Simmons of Gwinnett, 


Hughes, 


Netherland, 


Simmons of Hall. 


Hunter, 


Nutting, 


Smith of Coweta, 


Jackson, 


Oliver, 


Smith of Oglethorpe, 


Jenkins, 


O'Neal, 


Snead, 


Johnson of Spalding, 


Oraaond, 


Spence, 


Joiner, 


Palmer, 


Stovall, 


Jones of Gwinnett, 


Paulk, 


Summerlin, 


Jones of Hart, 


Paxton, 


Tarver, 


Kelly, 


Payne, 


Taylor, 


Kennedy, 


Peeples, 


Tranimell, 


Killian, 


Pentecost, 


Watters, 


Knowles, 


Phillips, 


"West, 


Lang, 


Pierce, 


Whatley, 


Lewis, 


Pou, 


Wofford of Banks, 


Mansfield, 


Rawls, 


Wood, 


Martin, 


Reid, 


Woodward. 



Those voting in the negative are Messrs — 
None. 
Yeas, 115. Nays, 0. 

So the bill was passed by the requisite majority. 
On motion of Mr. Pou, it was ordered to be trans- 
mitted to the Senate forthwith. * 

Mr. Phillips, chairman of the Committee on Privi- 
leges and Elections, submitted the following report : 
Mr. Speaker: 

Your committee have had under consideration a res- 
olution directing us to inquire into the question of the 
residence of Henry Farmer, Representative from the 
county of Baker, and after carefully considering the 
evidence, which is submitted with this report, and the 
law, we give it as our opinion that the said Farmer is 
a citizen of the county of Baker, and entitled to his 
seat. 

R. W Phillips, Chairman. 

Mr. Phillips moved to take up the report. 



372 



JOURNAL OF THE HOUSE. 



Mr. Simmons of Gwinnett moved to lay the report 
on the table, and the motion prevailed. 

Mr. Pierce offered a resolution requesting the pres- 
ent State School Commissioner to resign his office. 

The yeas and nays were called for, and the call sus- 
tained. 



Those voting 


in the affirmative are Messrs — 


Anderson, 


Win. D., 


Glover, 


Netherland, 


Anderson, 


Wm. P., 


Goldsmith, 


Palmer, 


Bacon, 




Goodman, 


Paulk, 


Baker of Bryan, 


Gray, 


Paxton, 


Baker of Pike, 


Griffin of Twiggs, 


Payne, 


Ballanger, 




Guerry, 


Peeples, 


Barksdale, 




Guyton, 


Pentecost, 


Barron, 




Hammond, 


Phillips, 


Bateman, 




Hancock, 


Pierce, 


Beaseley, 




Harvey, 


Pou, 


Berrien, 




Head, 


Rawls, 


Bowie, 




Heidt, 


Reid, 


Braddy, 




Hoge, 


Renfroe, 


Bryan, 




Howell, 


Richards, 


Bunn, 




Hooks, 


Riley, 


Bush, 




Hudson, 


Roundtree, 


Butts, 




Hughes, 


Russell, 


Carlton, 




Hunter, 


Rutherford, 


Cato, 




Jackson, 


Sellers, 


Chastain, 




Jenkins, 


Simmons of Gwinnett, 


Clark of Richmond, 
Clark of Tro<P, 


Johnson of Clay, 


Simmons of Hall, 


Johnson of Spalding, 


Slaton, 


Cleghorn, 




Jones of Gwinnett, 


Smith of Oglethorpe, 


Clements, 




Jones of Hart, 


Snead, 


Cloud, 




Kelly, 


Spence, 


Cody, 




Kennedy, 


Stovall, 


Collins, 




Killian, 


Summerlin, 


Converse, 




Knowles, 


Tarver, 


Cox, 




Lang, 


Taylor, 


Craig, 




Lipsey, 


Trammell, 


Crittenden, 




Mann, 


Watters, 


Cumming, 




Mattox, 


West, 


Davis of Newton, 


McConnell, 


Whatley, 


Dell, 




McMillan, 


Wilson, 


Edwards, 




McNeal, 


Wofford of Banks, 


Etheridge, 




Meadows, 


Wofford of Bartow, 


Fain, 




Morris, 


Wood, 


Farmer, 




Morrison, 


Woodward. 


Field, 




Murphy of Harris, 


Wynn. 


Flynt, 









TUESDAY, DECEMBER 5, 1871. 373 

Those voting in the negative are Messrs — 



Alfred, 


Davis of Clarke, 


Oliver, 


Atkinson, 


Dukes, 


O'Neal, 


Battle, 


Floyd, 


Ormond, 


Blue, 


Franklin, 


Putney, 


Bruton of Decatur, 


Griffin of Houston, 


Richardson, 


Brown, 


Hall of Meriwether, 


Simmons of Houston. 


Campbell, 


Hillyer, 


Smith of Coweta, 


Clower, 
Colby, 


Joiner, 
Lewis, 


Williams. 



Yeas, 115. Nays, 26. 
So the resolution was agreed to. 

A bill to promote the propagation of shad fish in the 
Savannah river, and to impose a penalty for fishing for 
said fish in said river on Sunday or Monday, was read 
the third time. 

Mr. Rawls moved to amend by striking out the word 
"Monday." 

The previous question was called, and the call sus- 
tained. 

The motion to amend was lost. 

On the passage of the bill, Mr. Rawls called for the ' 
yeas and nays, and the call was not sustained. 

The bill was then passed. 

Mr. Rawls gave notice that he would move to recon- 
sider the passage of the bill, on to-morrow.^ 

The following bills were read the third time, and 
passed : 

A bill to incorporate the Macon & Chattahoochee 
Railroad Company, and to confer upon the same cer- 
tain rights, powers and privileges. 

A bill to amend the charter of the Americus & Isa- 
bella Railroad Company, and for other purposes. 

The House took a recess until 3 o'clock p. m. 



374 JOURNAL ujb' T±i.n ±±uu»iii. 

Afteknoon Session, 3 o'clock p. si. 

The House reassembled. 

The following bills were read the third time and 
passed : 

A bill to construct a railroad from Elberton, Geor- 
gia, to intersect with the New York and New Orleans 
Air-Line Railroad, by the most practicable route, and 
for other purposes. 

A bill to authorize the corporate authorities of the 
city of Dalton to purchase and donate lands to the 
Selma, Rome & Dalton Railroad Company - 

A bill to change the time of holding the Superior 
Courts in the county of Worth. 

A bill more effectually to protect religious worship 
in the State of Georgia. Passed, as amended by the 
Committee on the Judiciary. 

A bill to incorporate the town of Tilton, in the county 
of Whitfield. 

A bill to require the Tax Collectors of the county of 
Ware to receive county scrip for taxes due the county. 

A bill to extend the jurisdiction of the City Court of 
Augusta, and for other purposes. Passed with an 
amendment, as a substitute recommended by the com- 
mittee on the Judiciary for bill No. 269. 

A bill to authorize the Ordinary of Randolph county 
to issue bwnds of said county for the building of a new 
court-house, and for other purposes. 

A bill to authorize Calloway Campbell, of Murray 
county, to erect a mill-dam across the Connasauga 
river, on his own land. 

A bill for the relief of B. Chancey, Tax Collector of 
Early county for the year 1869. 

A bill to repeal an act to consolidate the offices of 
Tax Receiver and Collector for the county of Dade. 

A bill to provide for the payment of grand and petit 
jurors of the county of Fayette, was read the third 
time and indefinitely postponed. 

The following message was received from the Exec- 



TUESDAY, DECEMBER 5, 1871. 375 

utive Department, through Mr. Atkinson, Secretary 
thereof, to-wit: 

Mr. Speaker: 

His Excellency the Governor has approved and 

signed the following act, to-wit : 
An act to exempt firemen from jury duty 
Also, a resolution providing for the arrest of certain 

parties. 

A bill to prevent any person from hounding or kill- 
ing deer in the counties of Talbot, Marion and Taylor, 
in the months of May, June, July and August, was 
read the third time. 

Mr. Guyton moved to amend by adding the county 
of Laurens. 

The motion prevailed, and bill the as thus amended, 
was passed. 

A bill to amend the usury laws of this State was 
read the third time. 

Mr. W D. Anderson made the point of order that 
the bill could not now be entertained by the House, 
a Senate bill of the same nature having been indefin- 
itely postponed. 

The Speaker ruled that there were distinct differen- 
ces in the two bills, and the point was not well taken. 

Mr. Hunter moved to disagree to the report of the 
Committee on the Judiciary, which was advWse to the 
passage of the bill. 

Mr. Fain called the previous question, and the call 
was sustained. 

The report of the committee was disagreed to. 

Mr. W D. Anderson moved to lay the bill on the 
table, and the motion was lost. 

Mr. Bryan moved to adjourn. 

The Speaker ruled that the bill in question being be- 
fore the House, and action thereon pending, the motion 
to adjourn was out of order. 

Upon the passage of the bill, Mr. W D. Anderson 
called for the yeas and nays, and the call was sus- 
tained. 



376 



JOURNAL OF THE HOUSE. 



Those voting 


in the affimative are Messrs.— 


Anderson, 


Wm. P. 


Goldsmith, 


McConnell, 


Bacon, 




Goodman, 


McMillan, 


Baker of Bryan, 


Graham, 


McNeal, 


Barron, 




Gray, 


Moreland, 


Battle, 




Griffin of Houston, 


Nutting, 


Beaseley, 




Guerry, 


Ormond, 


Bell, 




Hall of Upson, 


Patillo, 


Blue, 




Hammond, 


Pentecost, 


Bowie, 




Hancock, 


Pierce, 


Bracldy, 




Head, 


Putney, 


Brown, 




Heidt, 


Renfroe, 


Bush, 




Hillyer, 


Richards, 


Cato, 




Hoge, 


Richardson, 


Clark of Richmond, 


Howell, 


Roundtree, 


Cloud, 




Hooks, 


Rutherford. 


Clower, 




Hughes, 


Simmons of Gwinnett, 


Cody, 




Hunter, 


Simmons of Houston, 


Craig, 




Jackson, 


Slaton, 


Crittenden 


7 


Jenkins, 


Smith of Coweta, 


Cumruing, 




Joiner, 


Snead, 


Davis of Clarke, 


Jones of Gwinnett, 


Spence, 


Dell, 




Kelly, 


Stovall, 


Dukes, 




Kennedy, 


Summerlin, 


Edwards, 




Killian, 


Taylor, 


Emerson, 




Lang, 


Wilson, 


Fain, 




Lewis, 


Wofford of Bartow, 


Farmer, 




Lipsey, 


Woodward, 


Floyd, 




Mansfield, 


Wynn. 


Flynt, 








Those 


voting 


in the negative are 


Messrs. — 


Allred. 


Field, 


Palmer, 


Anderson, 


Wm. D. 


Franklin, 


Paulk, 


Atkinson, 




Glover, 


Paxton, 


Baker of Pike, 


Griffin of Twiggs, 


Pou, 


Ballanger, 




Guyton, 


Rawles, 


Barksdale, 




Hall of Meriwether, 


Reid, 


Bateman, 




Hudson, 


Riley, 


Berrien, 




Johnson of Clay, 


Russell, 


Brewton of Tatnall, 


Johnson of Spalding, 


Simmons of Hall, 


Bruton of Decatur, 


Knowles, 


Tarver, 


Bryan, 




Mann, 


Trammell, 


Campbell, 




Martin, 


Watters, 


Chastain, 




Murphy of Burke, 


West, 


Cleghorn, 




Murphy of Harris, 


Williams, 


Colby, 




Oliver, 


Wofford of Banks, 


Cox, 




O'Neal, 


Wood. 


Davis of Newton, 






Yeas 85. 


Nays 49. 







TUESDAY, DECEMBER 5, 1871. 377 

So the bill was passed. 

Mr. Simmons of Gwinnett moved to transmit to the 
■Senate forthwith. 
The motion did not prevail. 

The following bills were read the third time and laid 
•on the table : 

A bill to regulate the system of farming out the pen- 
itfntiary convicts, and for other purposes. 

A bill to lay out a new county from the counties of 
Coweta, Fayette and Meriwether. 

A bill to protect the people of the State of Georgia 
from the payment of either principal or interest of any 
bonds issued by any railroad company, and illegally 
or fraudulently indorsed by the State, and to provide 
for the registration of bonds, and for other purposes, 
was read the second time and referred to the Commit- 
tee on Finance. 

The following bills were read the third time and lost : 

A bill to authorize the citizens of Thomasville to 
elect certain officers. 

A bill to incorporate the Georgia Industrial Agency, 
and for other purposes. 

A bill to establish a system for working the public 
roads. 

A bill to authorize the sale of personal property at 
any place within the limits of Milton county. 

A bill to allow persons to make a return of their 
taxable property to the Clerk of the Superior Court 
in certain cases, and for other purposes. 

A bill to alter and amend section 2850 of Irwin's 
Revised Code. 

A bill to alter and amend section 689 of the Code. 

A bill to require all declarations and defenses in the 
Superior Courts of this State to be complete as filed at 
the first term, and for other jrarposes. 

A bill to appropriate one hundred and fifty- seven 



37S JOURNAL OF THE HOUSE. 

dollars and thirty-five cents for the relief of Charles 
Latimer. 

A bill to relieve Mary A. Edmondson from taxation. 

A bill to revise the jury box of Fayette county 

A bill to regulate the wages of labor in certain cases 
in the county of Clarke. 

A bill to incorporate the College of Pharmacy and 
Health, in the city of Macon, and for other purposes. 

A bill to authorize Nathan Chapman to exhibit slight 
of hand free of taxes. 

A bill to make the compensation of grand, tales and 
petit jurors, in the counties of Taylor and Chatta- 
hoochee, two dollars per day. 

A bill for the protection of the clerks of the Superior 
Courts and Sheriffs of this State, and for other purposes. 

The House, on motion, took a recess until 7 o'clock 
p. M. 



Night Session, 7 o'clock p. m. 

The House reassembled. 

The following bills were read the third time and 
passed : 

A bill to incorporate the town of Dublin, in Laurens 
county, and to appoint commissioners for the same. 
Passed, as amended by report of the Committee on 
Corporations. 

A bill to regulate and fix the pay of grand and 
traverse jurors, in the county of Crawford. 

A bill to change the line between the counties of Ca- 
toosa and Walker. 

A bill to regulate the pay of jurors in the county of 
Clayton. Amended, by striking out Clayton and in- 
serting Newton, and passed as thus amended. 

A bill to reduce the bond of the Sheriff of Banks 
county. 

A bill to change the line between Warren and Mc- 
Duffie counties. 



TUESDAY, D.EUEMBER, 5, 1871. 379 

Mr. Stovall gave notice that he would move on to- 
morrow to reconsider the passage of the last mentioned 
biU. 

A bill to alter and amend the road laws of this State 
so far as relates to the county of Bibb, and to author- 
ize and require the Ordinary of said county to levy and 
collect a tax for road purposes. Passed as amended. 

On motion of Mr. Dell, the rules were suspended, 
and the following Senate bills were read the first time : 

A bill to create a county court in each county of this 
State, except such counties as are excepted by the pro- 
visions of this act. 

A bill to authorize the local authorities of Chatham 
county to change or abolish the road leading from the 
Isle of Hope to the main road on Skidaway Island. 

A bill to change the line between the counties of 
Greene and Morgan. 

A bill to change the time of holding the Superior 
Courts of the Brunswick Circuit, and the county of 
Towns in the Blue Badge Circuit, and to attach the 
county of Mcintosh to the Eastern Circuit. 

A bill to incorporate the Hawkinsville & Eufaula 
Railroad Company. 

A bill to amend an act, assented to December 18, 
1838, to incorporate a Medical College in the city of 
Savannah. 

A bill to carry into effect the election for a Governor, 
to fill the unexpired term of Rufus B. Bullock. 

A bill to repeal sections 4480, 4664, 4665, 4666 and 
4667 of Irwin's Revised Code, being a substitute for 
bill No. 319, was read the third time. 

Mr. Bryan moved to disagree to the report of the 
Committee on the Judiciary, which recommended that 
the bill do pass. 

Mr. Dell called the previous question, and the call 
was sustained. 

Mr. Bacon moved to lay the report of the committee 
on the table. 



380 



JOURNAL OF THE HOUSE. 



The Speaker pro tern, ruled that, under the operation 
of the call for the previous question, the motion was 
out of order. 

Mr. McWhorter called for the yeas and nays on the 
motion of Mr. Bryan, and the call was sustained. 

Those voting in the affirmative are Messrs. — 



Allred, 




Collins, 


Hillyer, 


Bacon, 




Crittenden, 


Howell, 


Baker of Bryan, 


Davis of Clarke, 


Lewis, 


Ballanger, 




Dukes, 


McConnell, 


Barron, 




Emerson, 


McWhorter. 


Baternan, 




Etheridge, 


Oliver, 


Battle, 




Floyd, 


O'Neal, 


Bell, 




Glover, 


Ormond, 


Blue, 




Goodman, 


Payne, 


Bowie, 




Gray, 


Putney, 


Brewton of Tatnall, 


Griffin of Houston, 


Rawls, 


Brown, 




Guerry, 


Richardson, 


Bryan, 




Hall of Meriwether, 


Simmons of Houston, 


Bunn, 




Hall of Upson, 


Smith of Coweta, 


Cleghorn, 




Hammond, 


Spence, 


Clower, 




Hancock, 


Wilson, 


Cody, 




Heidt, 


Wood. 


Those 


voting 


in the negative are 


Messrs. — 


Anderson, 


Wrn. P,, 


Guyton, 


Martin, 


Baker of Pike, 


Head, 


McMillan, 


Barksdale, 




Hoge, 


Meadows, 


Beaseley, 




Hooks, 


Morrison, 


Berrien, 




Hudson, 


Murphy of Burke, 


Braddy, 




Hughes, 


Nutting, 


Bush, 




Hunter, 


Palmer, 


Carlton, 




Jackson, 


Paulk, 


Cato, 




Jenkins, 


Pentecost, 


Clark of Troup, 


Johnson of Clay, 


Pierce, 


Cloud, 




Johnson of Spalding, 


Pou, 


Converse, 




Jones of Gwinnett, 


Reid, 


Cox, 




Jones of Hart, 


Renfroe, 


Gumming, 




Kelly, 


Riley, 


Davis of Newton, 


Kennedy, 


Roundtree, 


Dell, 




Killian, 


Russell, 


Edwards, 




Knowles, 


Rutherford, 


Fain, 




Lang, 


Scott, 


Field, 




Mann, 


Simmons of Gwinnett, 


Graham, 




Mansfield, 


Slaton, 



WEDNESDAY, DECEMBER 6, 1871. 381 



Snead, 

Stovall, 

Tarver, 


Taylor, 

Trammell, 

"Watters, 


Whatley, 

Woodward. 

Wynn. 


Yeas, 53. 


Nays, 69. 





So the motion to disagree to the report of the com- 
mittee did not prevail. 

The bill was then passed. 

Mr. 0' Neal gave notice that he would move a recon- 
sideration of this action of the House to-morrow. 

The following bills were read the third time and laid 
on the table : 

A bill to lay ont and form a new county by the divi- 
sion of Jefferson county, and to organize the same. 

A bill to require Tax Receivers to take with tax re- 
turns, the number of acres of land cultivated in differ- 
ent cereals. 

A bill to alter and amend third paragraph of section 
2448 of Irwin's Revised Code, was withdrawn by Mr. 
Pou, the author thereof. 

The following bills were read the third time and lost : 

A bill to prescribe who shall be jurors in certain 
cases in Baldwin county 

A bill to regulate labor in the county of Baldwin. 

A bill to provide more effectually for the payment 
of taxes due by employees. 

The House adjourned until 9 o'clock to-morrow 
morning. 



Atlanta, Georgia, 
Wednesday, December 6, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev. Mr. Jones. 



382 JOURNAL OF THE HOUSE. 

The Journal of yesterday was read and approved. 

Mr. Rawls moved to reconsider so much of the Jour- 
nal as relates to the passage of a bill to promote the 
propagation of shad fish in the Savannah river, and to 
impose a penalty for fishing for said fish in said river 
on Sunday or Monday. 

Mr. Snead moved to lay the motion to reconsider on 
the table, and the motion prevailed. 

Mr. Bryan moved to reconsider so much of the Jour- 
nal as relates to the passage of a bill to repeal sections 
4480, 4664, 4665, 4666 and 4667 of Irwin's Revised 
Code. 

On motion of Mr. Simmons of Gwinnett, the motion 
to reconsider was laid on the table. 

Mr. Stovall moved to reconsider so much of the 
Journal as relates to the passage of a bill to change 
the line between Warren and McDuffie counties. 

The motion to reconsider, on motion ,of Mr. Scott, 
was laid on the table. 

Mr. Hunter moved to take from the table a bill to 
prohibit and make penal the sale of agricultural pro- 
ducts between the hours of sunset and sunrise. 

The motion did not prevail. 

A bill to change the county site of Telfair county to 
a point on the Macon & Brunswick Railroad, was laid 
on the table. 

A bill to regulate the pay of grand and petit jurors 
of Paulding county was read the third time, amended 
by inserting the counties of Pike and Clay, and passed. 

A bill to change the line between the counties of 
"Wilcox and Pulaski, and for other purposes, was read 
the third time and lost. 

A bill to create a Board of Commissioners of Roads 
and Revenues in the county of Paulding was read the 
third time and passed. 

A bill to authorize the payment of ten per cent, in- 
terest on one hundred bonds of one thousand dollars 
each by the Scofield Rolling Mill Company, was taken 
up, and the Senate amendment thereto concurred in. 



WEDNESDAY, DECEMBER 6, 1871. 383 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr. Speaker: 
The Senate has passed the following bills : 

A bill to carry into effect paragraph three, section 
five, article three of the Constitution of Georgia. 

Also, a bill to repeal the act of 1831 requiring Jus- 
tices of the Peace to act as road commissioners in 
Pulaski county, and for other purposes. 

Also, a bill to extend the provisions of the eleventh 
section of an act approved February 23, 1850, in rela- 
tion to Tax Receiver of Chatham county to the Tax 
Receiver and Collector of Fulton county. 

Also, a bill to amend the charter of the Gate City 
Insurance Company of Atlanta, and to change its 
name. 

Also, a bill to amend the act incorporating the Oc- 
mulgee River Railroad Company, and acts amendatory 
thereto, and for other purposes. 

Also, a bill to create a new judicial circuit out of the 
counties composing the Southern, Macon and Middle 
Circuits, and for other purposes. 

Also, a Bill to authorize the Ordinary of Pulaski 
county to issue bonds to build a court-house. 

Also, a bill to make penal the selling of personal 
property which has been mortgaged, and to provide 
for the punishment of the same. 

Also, a bill to amend the attachment laws of the 
State of Georgia. 

Also, a bill to change the time of holding the Supe- 
rior Courts of the county of Jasper, and for other pur- 
poses. 

Also, a bill to provide for the taking of testimony 
by written deposition, in cases not now allowed by 
law. 

Also, a bill to incorporate the Flint River Manufac- 
turing Company. 



384 JOURNAL OF THE HOUSE. 

Also, a bill to incorporate the Waynman & Franklin. 
Manufacturing Company 

The Senate has also agreed to a resolution calling 
upon the Governor for information as to the indebted- 
ness of the State for printing and other claims therein 
specified. 

Mr. Davis of Newton, Chairman of the Committee 
on Agriculture and Manufactures, is instructed to make 
the following report, to-wit : 

Mr Speaker : 

The Committee on Agriculture and Manufactures, to 
whom was referred a bill to be entitled an act to levy 
and collect a tax from the owners of dogs in this State, 
and to prescribe a penalty in case of failure or neglect 
to give in and pay said tax, and recommend that it do 
pass, as amended by the committee, to-wit : By strik- 
ing out the first section of said act, and inserting the 
following in lieu thereof, to-wit : 

' ' Be it enacted by the General Assembly of the State 
of Georgia, That after exempting one dog to each head 
of a family in this State from taxation, that a tax of 
one dollar shall be levied and collected, as hereinafter 
prescribed, upon each and every other dog owned or 
claimed by each and every said head of a family in 
this State, or owned and claimed by any member of 
his or her family, not making separate tax returns." 

John B. Davis, Chairman. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof : 

Mr. Speaker: 

The Senate has passed the following bill ol the House 
of Representatives, with an amendment, in which they 
ask the concurrence of the House of Representatives, 
to-wit : 

A bill to authorize the payment of ten per cent, in- 



WEDNESDAY, DECEMBER 6, 1871. 385 

terest on certain bonds to be issued by the Scolield 
Rolling Mill Company. 

Mr. Rawles, chairman of the Finance Committee 
submitted the following report : 

Mr. Speaker : 
The Committee on Finance beg to report as follows : 

That they have had before them and duly considered 
a bill to be entitled an act for raising a revenue, and to 
appropriate money for the use of the government, and 
to make certain appropriations, and for other purposes 
herein mentioned, which they recommend do pass with 
amendments. 

Also, a resolution to inquire into and report upon 
the claims of persons having charge of the books of the 
Western & Atlantic Railroad, and recommend the pay- 
ment of their claims. 

MOEGAN" RAWLS, 

Chairman Finance Committee. 
The following bills were withdrawn : 

A bill to authorize persons who have purchased real 
estate in the county of Rabun since the first day of 
June, 1865, to record their deeds, and for other pur- 
poses. 

A bill to exempt practicing physicians from jury 
duty. 

A bill to repeal an act to create a Board of Commis- 
sioners of Roads and Revenue for the county of Rich- 
mond, was read the third time and passed. 

A bill to exempt practicing physicians from service 
as jurors, was read the third time and indefinitely 
postponed. 

A bill to change the line between the counties of 
Bartow and Polk, was read the third time and lost. 

A bill to make it criminal to hunt upon the land of 
25 



386 JOURNAL OF THE HOUSE. 

another without the consent of the owner, was read the 
third time and laid on the table. 

On motion of Mr. Rawls, the appropriation bill, re- 
ported by the Committee on Finance, was made the 
special order for the evening session. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr. Speaker: 

I am directed by his Excellency the Governor, to de- 
liver to the House of Representatives, a communica- 
tion in writing, with accompanying document : 

Executive Department, 
Atlanta, Ga., December 5, 1871. 

To the House of Representatives : 

I herewith return without my approval, an act to 
repeal an act entitled an act to organize the District 
Court, and define its jurisdiction, and for other pur- 
poses, approved October 28, 1870. 

Justice demands that there should be in the several 
counties of the State, a court in which persons charged 
with minor offenses may be speedily tried. This court 
should be one which can be maintained at the least 
cost to the people, and at the same time be above all 
corrupting influences. Such a court is the one now 
sought to be abolished. 

It is universally conceded that if the District Court 
be abolished, another court to answer the ends for 
which the District Court was organized, must be es- 
tablished. There must be a court in which 'persons 
charged with misdemeanors can have an impartial and 
speedy trial, for if the trial of this class of offenders 
be left to the Superior Courts, a person so charged may 
be kept in jail six months before he can have a trial or 
an opportunity to prove his innocence. Thus a person 



WEDNESDAY, DECEMBER 6, 1871. 387 

may suffer tlie full imprisonment imposed for the com- 
mission of a misdemeanor and be acquitted of the 
charge against him when brought to trial therefor. 

The District Court, as' now organized, is more eco- 
nomical than any other which can be established, for 
being supported by the several counties composing a 
Senatorial District, it must' necessarily impose a lighter 
burden upon the people than if it were maintained by 
a single county 

The District Judge having a fixed salary, and being 
in no wise dependent upon fines and forfeitures for 
compensation for his services, is enabled to do full and 
complete justice between man and man, and to give 
every person brought before him, accused of crime, a 
fair and impartial trial. 

The District Court is a constitutional, and not a statu- 
tory structure, and where it has been in practical ope- 
ration, it has given general satisfaction. 

In view of these facts, I can see no good reason for 
its abolition, simply that a court more expensive to the 
people, less effective in its working, and surrounded 
by more corrupting influences, may be erected upon its 
ruins. 

Benjamin Conley, Governor. 

Mr. Scott moved to pass the bill mentioned in the 
foregoing message, notwithstanding the Executive 
veto. s 

A constitutional majority of two-thirds being required 
the vote was taken by yeas and nays. 



Those voting 


in the affirmative are Messrs. — 


Allred, 


Beaseley, 


Butts, 


Anderson,* W D. 


Bell, 


Carlton, 


Anderson, Win. P. 


Berrien, 


Cato, 


Bacon, 


Booth, 


Christian, 


Baker of Pike, 


Bowie, 


Clark of Bichniond, 


Ballanger, 


Braddy, 


Clark of Troup, 


Barksdale, 


Brewton of Tatnall, 


Cleghorn, 


Barron, 


Bryan, 


Clements, 


Bateman, 


Bunn, 


Cloud, 



3S8 



JOURNAL OF THE HOUSE. 



Cody, 


Hunter, 


Pentecost, 


Collins, 


Jackson, 


Phillips, 


Converse, 


Jenkins, 


Pierce, 


Cox, 


Johnson of Clay, 


Pou, 


Craig, 


Johnson of Jefferson, 


Kawls, 


Crittenden, 


Johnson of Spalding, 


Reid, 


Cumniing, 


Jones of Gwinnett, 


Renfroe, 


Davis of Newton, 


Jones of Hart, 


Richards, 


Dell, 


Kelly, 


Riley, 


Edwards, 


Kennedy, 


Roundtree, 


Emerson, 


Killian, 


Russell, 


Etheridge, 


Knowles, 


Rutherford, 


Tain, 


Lanikin, 


Scott, 


Farmer, 


Lang, 


Sellers, 


Field, 


Mann, 


Simmons of Gwinnett, 


Franklin, 


Martin, 


Simmons of Hall, 


Glover, 


Mattox, 


Slaton, 


Goldsmith, 


McConnell, 


Smith of Oglethorpe, 


Goodman, 


McMillan, 


Snead, 


Graham, 


McNeal, 


Spence, 


Griffin of Twiggs, 


Meadows, 


Stovall, 


Guerry, 


Morris, 


Summers, 


Guy ton, 


Morrison, 


Summerlin, 


Hammond, 


Murphy of Burke, 


Tarver, 


Hancock, 


Murphy of Harris, 


Taylor, 


Harvey, 


Netkerland, 


Watters, 


Head, 


Nutting, 


West, 


Heidt, 


Palmer, 


Whatley, 


Hoge, 


Patillo, 


Wilson, 


Howell, 


Paulk, 


Wofford of Banks, 


Hooks, 


Paxton, 


Wood, 


Hudson, 


Payne, 


Woodward, 


Hughes, 


Peeples, 


Wynn. 


Tliose voting in the negative are 


Messrs. — 


Atkinson, 


Dukes, 


Oliver, 


Battle, 


Floyd, 


O'Neal, 


Blue, 


Griffin of Houston, 


Ormond, 


Bruton of Decatur, 


Hall of Meriwether, 


Putney, 


Brown, 


Hillyer, 


Richardson, 


Campbell, 


Joiner, 


Simmons of Houston, 


Clower, 


Lewis, 


Smith of Coweta, 


Colby, 


Lipsey, 


Williams. 


Davis of Clarke, 






Yeas l'3o. Nays 26. 







So the bill was passed by a constitutional majority, 
notwithstanding the Executive veto. 



WEDNESDAY, DECEMBER 6, 1871. 389 

The following message from the Executive Depart- 
ment was taken up : 

Executive Department, 
Atlanta, Ga., December 5, 1871. 

To the House of Representatives : 

I return herewith a bill to be entitled an act to repeal 
an act to declare the poll tax of this State, for the 
years 1868, 1869 and 1870, yet uncollected, illegal, and 
to prevent the collection of the same, without my ap- 
proval. 

My objections to the bill are two-fold: First. The 
title of the bill under consideration indicates that it is 
intended solely to repeal an act, the title of which is 
set out in full, while an examination of the body of 
the bill discloses the fact that it not only seeks to re- 
peal the act to which the title refers, but goes still 
further and imposes extraordinary duties upon the 
Comptroller General and the several Tax Collectors of 
this State. In this the bill is clearly obnoxious to ar- 
ticle three, section four, paragraph five, clause two of 
the Constitution of this State, which is in these words : 
"Nor shall any law or ordinance pass which refers to 
more than one subject-matter, or contains matter dif- 
ferent from what is expressed in the title thereof" 

Second. This bill, while it purports only to repeal 
an act to which it refers, in reality exacts from the 
people of this State a poll tax for the year 1870, which 
has not heretofore been legally assessed. 

No law levying a poll tax for the year 1870 has ever 
been enacted, and no poll tax for that year has ever 
been legally required to be paid. There being no tax 
law passed for the year 1870, the law for the year 1869, 
after it had expired by its own limitation and become 
a dead letter upon the statute book, was revived by a 
joint resolution, approved May 4, 1870, which, so far 
as it relates to this matter, is as follows : 

" Resolved, That for the same reasons, the tax act 



390 



JOURNAL OF THE HOUSE. 



of 1869 be, and it is hereby continued in full force and 
effect until otherwise ordered by the General Assem- 
17?/." 

By the passage of the act now sought to be repealed, 
it loas "otherwise ordered by the General Assembly," 
so far as it related to the poll tax of 1870, and that tax 
declared to be illegal, and the further collection thereof 
prevented. To reverse this action of the General As- 
sembly, and at this late day, order the collection of a 
poll tax for 1870, on the eve, as it were, of an election, 
would, in my judgment, work a great hardship to 
many of our citizens, and deprive them of the right of 
suffrage in an unconstitutional and extraordinary 
manner. 

Benjamin Conley, Governor - 

Mr. Jackson moved to pass the bill mentioned in the 
foregoing message, notwithstanding the Executive veto. 

Mr. Murphy of Harris called the previous question, 
and the call was sustained. 

A constitutional majority of two-thirds being re- 
quired, the vote was taken by yeas and nays. 

Those voting in the affirmative are Messrs. — 



Alfred, 


Bush, 


Edwards, 


Anderson, Wm. D., 


Carlton, 


Emerson, 


Anderson, Win. P., 


Cato, 


Etheridge, 


Bacon, 


Chastain, 


Fain, 


Baker of Bryan. 


Clark of Richmond, 


Farmer, 


Baker of Pike, 


Clark of Troup, 


Field, 


Ballanger, 


Cleghorn, 


Flynt, 


Barksdale, 


Clements, 


Glover, 


Barron, 


Cloud, 


Goldsmith, 


Bateman, 


Cody, 


Goodman, 


Beaseley, 


Collins, 


Graham, 


Berrien, 


Converse, 


Gray, 


Booth, 


Cox, 


GrifBn of Twiggs, 


Bowie, 


Craig, 


Guerry, 


Braddy, 


Crittenden, 


Guytoa, 


Brewton of Tatnall,' 


Cumming, 


Hall of Upson, 


Bryan, 


Davis of Newton, 


Hammond, 


Bunn, 


Dell, 


Hancock, 



Wednesday, December 6, i87i. 391 



Harvey, 


McNeal, 


Rutherford, 


Head, 


Meadows, 


Scott, 


Heidt, 


Morris, 


Sellers, 


Hoge, 


Morrison, 


Simmons of Gwinnett, 


Howell, 


Murphy of Burke, 


Simmons of Hall, 


Hudson, 


Murphy of Harris,. 


Slaton, 


Hughes, 


Netherland, 


Smith of Oglethorpe, 


Hunter, 


Nutting, 


Snead, 


Jackson, 


Palmer, 


Spence, 


Jenkins, 


Paulk, 


Stovall, 


Johnson of Jefierson, 


Paxton, 


Summers, 


Johnson of Spalding, 


Payne, 


Summerlin, 


Jones of Gwinnett, 


Peeples, 


Tarver, 


Jones of Hart, 


Pentecost, 


Taylor, 


Kelly, 


Phillips, 


TrainmeU, 


Kennedy, 


Pierce, 


Watters, 


Killian, 


Pou, 


West, 


Enowles, 


Rawls, 


Whatley, 


Lamkin, 


Reid, 


Wilson, 


Lang, 


Renfroe, 


Wofford of Banks, 


Lipsey, 


Richards, 


Wood, 


Mann, 


Riley, 


Woodward, 


Martin, 


Roundtree, 


Wynn. 


McMillan, 


Russell, 




Those voting in the negative are 


Messrs. — 


Atkinson, 


Davis of Clarke, 


Mansfield, 


Battle, ' 


Dukes, 


McWhorter, 


Bell, 


Floyd, 


Oliver, 


Blue, 


Franklin, 


O'Neal, 


Bruton of Decatur, 


Griffin of Houston, 


Ormond, 


Brown, 


Hall of Meriwether, 


Putney, 


Campbell, 


Hillyer, 


Richardson, 


Clower, 


Joiner, 


Simmons of Houston, 


Colby, 


Lewis, 


Smith of Coweta, 



Yeas, 122. Nays, 28. 

So the bill was passed by a constitutional majority,, 
notwithstanding the Executive veto. 

A bill to prevent the sale of farm produets between 
the hours of sunset and sunrise, in the counties of 
Richmond *nd Burke, was read the third time. 

The amendments thereto recommended by the Com- 
mittee on Agriculture and Manufatures, were agreed to. 



392 JOURNAL OF THE HOUSE. 

Messrs. Dell, Stovall, Craig, Lang, Etheridge, Bar- 
ron, Pierce, Guerry, McWhorter, Tarver, and Joiner, 
moved respectively, to amend by inserting the counties 
of Screven, Columbia, Telfair, Lincoln, Putnam, Jones, 
McDuffle, Quitman, Greene, Baker and Dougherty. 

Pending action, the hour of Hi o'clock arrived, and 
the House took a recess until 7 o'clock p. m. 



Night Session, 7 o'clock p. m. 

The House reassembled. 

The special order was taken up, the same being the 
general appropriation bill reported by the Committee 
on Finance. 

On motion of Mr. McWhorter, the House resolved 
itself into Committee of the Whole, for the considera- 
tion of the same. 

Mr. Pierce, chairmrn of the Committee of the Whole, 
reported progress, and asked leave to sit again, which 
was granted. 

The House, on motion, adjourned until 9 o'clock A. 
jr. to-morrow 



Atlanta, Georgia, 
Thursday, December 7, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Pev Mr. Jones. 

The Journal of yesterday was read and approved. 

Leave of absence was granted Mr. Harvey, and also 
to Mr. Waddell, the Clerk of the House. 

On motion of Mr. Pierce, a Senate resolution dismis- 
sing certain cases pending against the Treasurer of this 
State, was taken up and unanimously concurred in; 



THURSDAY, DECEMBER 7, 1871. 393 

and, on motion, ordered to be transmitted forthwith to 
the Senate. 

On motion of Mr. W D. Anderson, the House went 
into Committee of the Whole, for the purpose of resum- 
ing consideration of the appropriation bill, reported 
hy the Committee on Finance. 

The Speaker resumed the chair. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof. 

Mr. SpeaJcer: 
The Senate has passed the following bills, to-wit : 

A bill to amend an act entitled an act to incorporate 
the Atlanta & Blue Ridge Railroad Company, and for 
other purposes. Approved October 17, 1870. 

Also, a bill to amend an act incorporating the town 
of Boston, in Thomas county. 

Also, a bill to change the time of holding the fall 
term of Lee Superior Court. 

Also, a bill to provide for the payment of insolvent 
cost to officers of Upson county 

Also, a bill to amend the charter of the Atlanta & 
Roswell Railroad Company. 

Also, a bill to provide for the farming out of the 
convicts of the Penitentiary, and for other purposes. 

Also, a bill to secure counsel fees in certain cases. 

Also, a bill to amend sections nine and ten of an act 
to carry into effect the second clause of the thirteenth 
section of the fifth article of the Constitution. 

Also, a bill to authorize the Ordinary of Rockdale 
county to levy an extra tax, and to issue bonds to 
build a court-house for said county - 

The Senate has also agreed to a resolution requesting 
the Governor to have the library removed to some safer 
place, in which they ask the concurrence of the House 
of Representatives. 

The Senate has also passed a bill to incorporate the 
Merchants' Mutual Insurance Company of Georgia. 



394 JOURNAL OF THE HOUSE. 

The House again went into Committee of the Whole. 
The Speaker resumed the chair. 

•The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr Speaker: 

His Excellency the Governor has approved and 
signed. the following act to-wit: 

An act to authorize the payment of ten per cent in- 
terest on one hundred bonds of one thousand dollars 
each, bj r the Scofield Rolling Mill Company . 

The House again went into Committee of the Whole. 
The Speaker resumed the chair. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary -thereof : 

Mr Speaker : 

The Senate has passed the following bill of the House 
of Representatives, over the veto of his Excellency the 
Governor, by a constitutional majority of yeas, 33, 
nays, 8. 

A bill to repeal an act to organize a District Court, 
and for other purposes. 

Mr. Craig, chairman of the Enrolling Committee, 
submitted the following report : 

Mr. Speaker: 

The Committee on Enrollment report as duly enrolled 
and ready for the signature of the Speaker of the House 
of Representatives, the following bill, to-wit : 

A bill to authorize the payment of ten per cent, in- 
terest on one hundred bonds of one thousand dollars 
each, by the Scofield Rolling Mill Company. 

H. L. W Ceaig, 
Chairman Enrolling Committee. 



THURSDAY, DECEMBER 7, 1871. 395 

The following message was received from the Senate, 
through Mr. Hill, their Secretary, to-wit : 

Mr, Speaker: 
The Senate has passed the following bills, to-wit : 

A bill to be entitled an act to provide for the discharge 
of the duties of Ordinary of Chatham county under 
certain circumstances herein mentioned. 

Also, a bill to be entitled an act to amend section 
1052 of the Revised Code. 

Also, a bill to be entitled an act to repeal section 812 
of Irwin's Code, and to prescribe the mode of taxing 
shares in banks or other corporations having banking 
privileges. 

Also, a bill to be entitled an act to amend section 
4420, of Irwin' s Penal Code. 

The Senate has also passed, by a constitutional 
majority of yeas 27, nays 13, over the veto of his 
Excellency the Governor, a bill of the House of Repre- 
sentatives to repeal an act to declare the poll tax of 
1868, 1869 and 1870 illegal, and to prevent the collec- 
tion of the same. 

The following message was received from the Exec- 
utive Department through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr. Speaker: 

I am directed by his Excellency the Governor to de- 
liver to the House of Representatives a communica- 
tion in writing, with accompanying document : 

Executive Department, 
Atlanta, Ga., December 7, 1871. 

To the House of Representatives : 

I herewith return, without my approval, an act to- 
alter and amend section 178 of Irwin's Revised Code. 

By reference to the second section of this act, it will 



396 JOURNAL OF THE HOUSE. 

be seen that it is enacted that it shall be the law, not 
from and after the date of its passage, but from the 
"beginning of the present session" of the General 
Assembly Thus it is made to operate as law before 
the bill was introduced or your honorable body organ- 
ized or was competent to receive a bill. 

If it is competent for the General Assembly to repeal 
or amend a section of the Code and give effect to the 
repealing or amending law thirty days before its pas- 
sage, it is only by the exercise of a power not con- 
ferred or contemplated by the Constitution, and one 
dangerous to the rights and liberties of the people. 

The fact that this act will effect injuriously by its re- 
troactive operation only members of the General As- 
sembly, does not give the majority of your honorable 
body the right to divest against their will a minority, 
however small, of rights vested in them by law, nor 
does it make the act itself less obnoxious to the great 
principle of law that vested rights shall not be divested 
without the consent of the party injured. 

I decline to sanction the act not only because of its 
retroactive operation, but also for the reason that it is 
evasive of the popular will. The enormous burdens 
which have been imposed upon the people by reason 
of the exorbitant per diem and mileage fees exacted 
by members of the General Assembly since the year 
1865, have become so onerous that the tax payers, with 
one accord, clamor for relief. The people demand, 
and they have a right to expect that a very material 
reduction in the per diem and mileage fees of members 
of the General Assembly will be made. The act which 
has been presented for my signature, and which re- 
duces the per diem fee but the paltry sum of two dol- 
lars, leaving the mileage as it was before, does not 
comply with that demand or fulfill that expectation. 

When the people speak so clearly as they have upon 
this matter, their voice should be heard, and their will 
respected. 

Bexjamin Coxlf.y, Governor 



THURSDAY, DECEMBER 7, 1871. 



387 



Mr. W D. Anderson moved to pass the bill men- 
tioned in the foregoing message by a constitntional 
majority of two-thirds, notwithstanding the Executive 
veto. 

Mr. Edwards called the previous question, and the 
call was sustained. 



Those voting 


in the affirmative are Messrs — 


Alfred, 


Flynt, 


Murphy of Burke, 


Anderson, "Win. D., 


Franklin, 


Netherland, 


Anderson, Wm. P., 


Glover, 


Palmer, 


Bacon, 


Goldsmith, 


Patillo, 


Baker of Pike, 


Goodman, 


Paxton, 


Ballanger, 


Graham, 


Payne, 


Barksdale, 


Gray, 


Peeples, 


Barron, 


Griffin of Twiggs, 


Pentecost, 


Bateman, 


Guerry, 


Pierce, 


Beaseley, 


Guyton, 


Pou, 


Berrien, 


Hall of Upson, 


Eeid, 


Bowie, 


Hammond, 


Renfroe, 


Braddy, 


Hancock, 


Eichards, 


Brewton of Tatnall, 


Harvey, 


Riley, 


Bryan, 


Heidt, 


Roundtree, 


Bunn, 


Hoge, 


Russell, 


Busk, 


Hooks, 


Rutherford, 


Carlton, 


Hudson, 


Scott, 


Cato, ' 


Hughes, 


Sellers, 


Ckastain, 


Hunter, 


Simmons of Gwinnett, 


Clark of Richmond, 


Jackson, 


Simmons of Hall, 


Clark of Troup, 


Jenkins, 


Slaton, 


Cleghorn, 


Johnson of Jefferson, 


Smith of Oglethorpe, 


Clements, 


Johnson of Spalding, 


Snead, 


Cloud, 


Jones of Gwinnett, 


Spence, 


Cody, 


Jones of Hart, 


Summers, 


Collins, 


Kelly, 


Summerlin, 


Converse, 


Kennedy, 


Tarver, 


Cox, 


Killian, 


Taylor, 


Craig, 


Knowles, 


Trammell, 


Crittenden, 


Lamkin, 


Watters, 


Cumming, 


Lang, 


West, 


Davis of Newton, 


Mann, 


Whatley, 


Dell, 


Mattox, 


"Wilson, 


Edwards, 


McConnell, 


"Wofford of Banks, 


Emerson, 


McMillan, 


Wofford of Bartow, 


Etkeridge, 


McNeal, 


"Wood, 


Fain, 


Meadows, 


"Woodward. 


Farmer, 


Morris, 


"Wynn. 


Field, 


Morrison, 





39S JOURNAL OF THE HOUSE. 

Those voting in the negative are Messrs— 



Atkinson, 


Dukes, 


Moreland, 


Battle, 


Floyd, 


Oliver, 


Bell, 


Griffin of Houston, 


O'Neal, 


Blue, 


Hall of Meriwether, 


Ormond, 


Bruton of Decatur, 


Head, 


Putney, 


Brown, 


Hfflyer, 


Richardson, 


Campbell, 


Joiner, 


Sargent, 


Clower, 


Lewis, 


Simmons of Houston, 


Colby, 


Mansfield, 


Smith of Coweta, 


Davis of Clarke, 


McWhorter, 


Williams. 



Yeas, 119. Nays, 29. 

So the bill was passed by a constitutional majority, 
notwithstanding the Executive veto. 

i 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has passed the following bill of the House 
of Representatives, and I am instructed to transmit the 
same forthwith to this branch of the General Assembly : 

A bill to incorporate the town of Colquitt, and for 
other purposes. 

The Senate has also passed, by a constitutional ma- 
jority of yeas 29, nays 10, over the veto of his Excel- 
lency the Governor, a bill of the House of Represen- 
tatives to amend section 178 of the Revised Code. 

The House again went into Committee of the Whole. 

Mr. Pierce, chairman of the Committee of the Whole, 
reported progress, and asked leave to sit again. 

Mr. Anderson moved that the session be extended 
thirty minutes, and the motion prevailed. 

Mr. Scott offered a resolution that 1,000 copies of 
the bill, providing for a special election for Governor, 
on 19th December instant, be printed for distribution 
in the several counties of this State, which was agreed 
to. 

The House again went into Committee of the Whole. 



THURSDAY, DECEMBER 7, 1871. 399 

Mr. Pierce, chairman of the Committee of the Whole, 
reported the appropriation bill back to the House, 
with the recommendation that it do pass, as amended 
by said committee. 

On motion of Mr. W D. Anderson, the House took 
a recess until 3 o'clock p. m. 



Afternoon Session", 3 o'clock p. m, 



The House reassembled. 

The unfinished business of this morning, the same 
being the general appropriation bill, as amended by 
the Committee of the Whole, was resumed. 

Mr. W D. Anderson moved to take the bill up by 
sections, and the motion prevailed. 

The first, second and third sections were read and 
adopted. 

To the fourth section, Mr. Pou offered an amendment 
fixing the compensation of the Secretary, and assistant 
Secretary of the Senate, the Clerk and assistant Clerk 
of the House, and the Journalizing Clerks of the two 
Houses, at seven hundred and fifty dollars each, for 
the session, and allowing them the same mileage as 
members of the General Assembly 

The amendment was agreed .to, and the section as 
thus amended, adopted. 

The remaining sections were then severally adopted, 
and the bill was read and passed as a whole. 

On motion, it was ordered to be transmitted to the 
Senate forthwith. 

A bill to alter and amend an act to incorporate the 
Georgia Military Institute, was read the third time and 
passed. 

A bill to authorize the town council of Forsyth to 
issue bonds as currency, and for other purposes, was 
read the third time. 

On motion of Mr. Hall of Upson, a Senate bill of 



400 JOURNAL OF THE HOUSE. 

the same title was read and passed as a substitute 
therefor. 

A bill to provide for the payment of two judgments. 
against the State, under the act of April 17, 1868, was 
read the third time and laid on the table. 

A resolution in relation to 'printing the public laws, 
was laid on the table. 

Leave of absence was granted to Messrs. Bush and 
Cox, for the balance of the session, on account of sick- 
ness in their families. 

Mr. Craig, chairman of the Enrolling Committee, 
submitted the following report, to-wit : 

Mr Speaker: 

The Committee on Enrollment report as duly enrolled 
and ready for the signature of the Speaker of the 
House of Representatives, the following bill, to-wit : 

A bill to incorporate the town of Colquitt, and pro- 
vide for the election of Commissioners for the same. 

H. L. W Ceaig, 
CJiairman Enrolling Committee. 

The following message was received from the Senate,, 
through their Assistant Secretary, Mr. Little : 

Mr Speaker: 

The Senate has passed the following bill, which I 
am ordered to transmit forthwith, to-wit : 

A bill to be entitled an act for the apportionment of 
the members of the House of Representatives. 

Also, a resolution that a joint committee of two from 
the Senate and three from the House be appointed to 
look into the business now before the Gfeneral Assem- 
bly, with a view to the prolongation of the same be- 
yond the constitutional term, and have appointed on 
the same, on the part of the Senate, Messrs. Erwin and 
Reese, Avhich I am ordered to transmit forthwith. 



THURSDAY, DECEMBER 7, 1871. 401 

The following Senate bills were read the first time : 

A bill for the apportionment of the members of the 
House of Representatives. 

A bill to amend section 4420 of Irwin's Revised Code. 

A bill to provide for the discharge of the duties of 
Ordinary of Chatham county, under certain circum- 
stances. 

A bill to repeal section 812 of Irwin' s Code, and to 
prescribe the mode of taxing shares in banks or other 
corporations having banking privileges. 

A bill to amend the charter of the Atlanta & Roswell 
Railroad Company. 

A bill to amend sections nine and ten of an act to 
carry into effect the second clause of the thirteenth 
section of the fifth article of the Constitution. 

A bill to amend an act incorporating the the town of 
Boston, in Thomas county 

A bill to change the time of holding the fall term of 
Lee Superior Court. 

A bill to secure counsel fees in certain cases. 

A bill to incorporate the Atlanta & Blue Ridge Rail- 
road Company. 

A bill to amend an act to amend an act incorporating 
the Ocmulgee River Railroad Company 

A bill to provide for the farming out of the convicts 
of the Penitentiary of this State. 

A bill to amend the charter of the Gate City Insur- 
ance Company of Atlanta, Georgia. 

A bill to amend the attachment laws of the State of 
Georgia. 

A bill to amend an act to fix and define the fees of 
Ordinaries and Clerks of the Superior Courts, in appli- 
cations for setting apart a homestead. 

A bill to repeal an act of 1831 requiring Justices of 
the Peace to act as road commissioners in the county 
of Pulaski, and for other purposes. 

A bill to incorporate the Waynman & Franklin 
Manufacturing Company of Upson county - 
26 



402 JOURNAL OF THE HOUSE. 

A bill to make penal the selling of personal property 
which Ms been mortgaged as a security for the pay- 
ment of debt, and to provide for the punishment of the 
same. 

A bill to incorporate the Flint River Manufacturing 
Companj- of Upson county. 

A bill to create a new judicial circuit out of the 
counties composing the Southern, Macon and Middle 
circuits, and for other purposes. 

A bill to authorize the Ordinary of Pulaski county 
to issue bonds to build a court-house. 

A bill to change the time of holding the Superior 
Courts in the county of Jasper. 

A bill to provide for the taking of testimony by writ- 
ten deposition in cases not now allowed by law. 

A bill to carry into effect paragraph three, section 
five, article three of the Constitution of the State of 
Georgia. 

A bill to extend the provisions of the eleventh section 
of an act, approved February 22, 1850, in relation to 
Tax Collectors and Receivers of Chatham county to 
the county of Fulton. 

A bill to authorize the Ordinary of Rockdale county 
to levy an extra tax and issue bonds for the purpose 
of building a court-house in said county. 

A bill to amend section 1052 of the Revised Code. 

A bill to incorporate the Merchants' Mutual Insur- 
ance Company of Georgia. 

A bill to provide for the payment of insolvent costs 
to the county officers of Upson county, and for other 
purposes. 

The following Senate bills were read the second time 
and ordered to be engrossed : 

A bill to change the line between the counties of 
Greene and Morgan. 

A bill to amend an act to incorporate a medical col- 
lege in the city of Savannah. 



THUESTTAY, ^DECEMBER 7, 1871. 403 

A bill to amend the law establishing the Police Court 
of the city of Savannah. 

A Senate bill to carry into effect the election for a 
Governor, to fill the unexpired term of Rufus B. Bul- 
lock, was read the second time and laid on the table. 

The following Senate bills were read the second time 
and referred to the Committee on the Judiciary : 

A bill to amend an act to extend the lien of set-off 
and recoupment, as against debts contracted before the 
first day of June, 1865. 

A bill to amend the laws of this State in relation to 
habeas corpus. 

A bill to secure the several counties of the State of 
Georgia from costs. 

A bill to repeal an act to preserve the peace and 
karmony of this State. 

The following Senate bills were read the second time, 
and committed : 

A bill to create a county court in each county of this 
State, except such counties as are excepted by the pro- 
visions of this act. 

A bill to change the time of holding the Superior 
Courts of the Brunswick Circuit, and for other pur- 
poses. 

A bill to authorize the local authorities of Chatham 
county to change or abolish the road leading from the 
Isle of Hope to the main road on Skidaway Island. 

A bill to incorporate the Hawkinsville & Eufaula 
Railroad Company 

A bill to provide for sales of property in this State, 
to secure loans and other debts. 

A bill to make it penal to withhold money or per- 
sonal property belonging to the State of Georgia. 

A bill to limit the time of service of petit jurors, in 
the Superior Courts of Chatham county 

A bill to authorize married women to sue for and re- 



404 JOURNAL OF THE HOUSE. 

cover damages from any person selling their husbands 
liquor while intoxicated. 

A bill to incorporate the town of Doraville, in the 
county of DeKalb. 

A bill to change the line between the counties of 
Coweta and Troup. 

A bill to provide for a county Board of Commis- 
sioners for Decatur county. 

A bill to amend section 61 of the Code, in relation to 
offering rewards for criminals. 

A Senate resolution to appoint a joint committee to 
examine the business of the two Houses, and report 
upon the propriety of prolonging this session beyond 
the constitutional term of forty days, was taken up, 
and concurred in, and the following gentlemen were 
appointed on said committee from the House : 

Messrs. Hoge, Peeples and McMillan. 

The resolution was ordered to be transmitted to the 
Senate forthwith. 

A Senate resolution, requesting the Governor to give 
information in regard to the debt of this State for 
printing and contingent expenses, etc., was concurred 
in, and ordered to be transmitted forthwith to the 
Senate. 

The House took a recess until 7 o'clock p m. 



Night Sessiox, 7 o'clock P M. 

The House reassembled. 

The following Senate bills were read the third time 
and passed : 

A bill to incorporate the Chattahoochee Manufactur- 
ing Company 

A bill to confer additional powers upon the corpo- 
rate authorities of the town of Barnesville, in the county 
of Pike. 



THURSDAY, DECEMBER 7, 1871. 405 

A bill to change the time of holding the Superior 
Courts of Talbot county. 

A bill to incorporate the Oglethorpe Fertilizer Com- 
pany. 

A bill to amend and add to the law of arson in the 
State of Georgia. 

A bill to amend an act entitled an act to amend par- 
agraph in section 2741 of the Code of Georgia. 

A Senate bill to amend an act to incorporate the 
Albany & Columbus Railroad Company was read the 
third time and lost. 

Mr. Pou gave notice that he would move on to-mor- 
row to reconsider the loss of this bill. 

A Senate bill to regulate the practice of dentistry in 
this State, was read the third time and laid on the table. 

Mr. Hoge withdrew a memorial of Murphy and Ras- 
berry, asking compensation for services in arresting J 
"W Redmond, of Lumpkin county 

Mr. Gumming offered a resolution, for the appoint- 
ment of Messrs. W H. Hall, R. H. Clark and J. T. 
Nesbit, as a committee to examine certain indexes and 
digests of the Supreme Court Decisions, and report 
thereon to the next session of the General Assembly 

The rules were suspended and the resolution agreed 
to. 

A Senate bill to amend the law relative to writs of 
quo warranto was read the third time, and referred to 
the Committee on the Judiciary 

A Senate bill to amend section 4428 of the Code of 
Georgia was read the third time and passed, as amended 
by the report of the Committee on the Judiciary- 
Mr. Clower gave notice that he would move on to- 
morrow to reconsider the passage of this bill. 

A Senate bill to incorporate the Savannah & Thun- 
derbolt Railroad Company, and for the purpose of 
opening a railroad communication from the city of 
Savannah to the town of Thunderbolt, and for other 
purposes, was read the third time. 



406 JOURNAL OF THE HOUSE. 

Mr. Simmons of Gwinnett moved to amend by adding 
an additional section, to be known as section fifteen. 

Mr. Heidt moved to amend by striking out all of 
said bill which authorized said company to construct a 
railway through Abercorn street. 

Mr. Richards called the previous question, and the 
call was sustained. 

The motion of Mr. Heidt was lost ; that of Mr. Sim- 
mons prevailed, and the bill as thus amended was 
passed. 

Mr. Heidt gave notice that he would move a recon- 
sideration of this action of the House on to-morrow. 

The following House bills were read the third time 
and passed : 

A bill to incorporate the Georgia & Alabama Coal 
and Iron Mining and Manufacturing Company. 

A bill to consolidate the offices of Sheriff and Tax 
Collector in the county of Jones. 

The House adjourned until 9 o'clock a. 31., to-mor- 
row. 



Atlanta, Georgia, 
Friday, December 8, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev. Mr. Jones. 

The Journal of yesterday was read and approved. 

Mr. Pou moved to reconsider so much of the Journal 
as relates to the loss of a bill to amend an act to incor- 
porate the Albany & Columbus Railroad Company. 

Mr. Bryan called the previous question, and the call 
was sustained. 

Mr. Jackson called for the yeas and na}s, and the 
call was sustained. 



FRIDAY, DECEMBER 8, 1871. 



407 



Those 


voting 


in the affimative are Messrs. — 


Atkinson, 




Goodman, 


Ormond, 


Battle, 




Griffin of Houston, 


Payne, 


Bell, 




Guerry, 


Pentecost, 


Blue, 




Hall of Meriwether, 


Pou, 


Bruton of Decatur, 


Hall of Upson, 


Putney, 


Brown, 




Hillyer,' 


Richardson, 


Campbell, 




Hudson, 


Simmons of Hall, 


Cleghorn, 




Johnson of Clay, 


Simmons of Houston, 


Clower, 




Joiner, 


Smith of Uoweta, 


Cody, 




Lang, 


Summerlin, 


Colby, 




Lewis, 


Tarver, 


Craig, 




Mansfield, 


Watters, 


Dukes, 




McWhorter, 


Williams, 


Fain, 




Moreland, 


Wood, 


Floyd, 




O'Neal, 


Woodward. 


Those voting 


in the negative are 


Messrs. — 


Allred, 




Farmer, 


Morris, 


Anderson, 


Wm. D., 


Flynt, 


Murphy of Harris, 


Bacon, 




Franklin, 


Netherland, 


Baker of Pike, 


Glover, 


Palmer, 


Barksdale, 




Goldsmith, 


Patillo, 


Barron, 




Gray, 


Paulk, 


Bateman, 




Griffin of Twiggs, 


Paxton, 


Beaseley, 




Hammond, 


Rawles, 


Berrien, 




Hancock, 


Reid, 


Booth, 




Head, 


Richards, 


Bowie, 




Heidt, 


Riley, 


Braddy, 




Howell, 


Roundtree, 


Brewton of Tatnall, 


Hughes, 


Rutherford. 


Bryan, 




Hunter, 


Sargent, 


Bunn, 




Jackson, 


Scott, 


Butts, 




Jenkins, 


Sellers, 


Carlton, 




Johnson of Spalding, 


Simmons of Gwinnett 


Cato, 




Jones of Gwinnett, 


Slaton, 


Chastain, 




Kelly, 


Smith of Oglethorpe, 


Clark of Richmond, 


Kennedy, 


Spence, 


Clark of Troup, 


Killian, 


Stovall, 


Cloud, 




Knowles, 


Taylor, 


Collins, 




Lamkin, 


Trammell, 


Converse, 




Mann, 


West, 


Crittenden, 




Martin, 


Whatley, 


Cumming, 




MattOx, 


Wilson, 


Dell, 




McMillan, 


Wofford of Banks, 


Emerson, 




McNeal, 


Wofford of Bartow, 


Etheridge, 




Meadows, 


Wynn. 


Yeas, 45. 


Nays, 87. 





408 JOURNAL OF THE HOUSE. 

So the motion to reconsider did not prevail. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr Speaker : 

His Excellency the Governor has approved and 
signed the following act, to-wit : 

An act to incorporate the town of Colquitt, and to 
provide for the election of Commissioners of the same. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof : 

Mr. Speaker : 

The Senate has passed the following bill oi the House 
of Representatives, to-wit : 

A bill to incorporate the Macon & Knoxville Rail- 
road Company, and for other purposes. 

Mr. Clower moved to reconsider so much of the 
Journal as relates to the passage of a Senate bill to 
amend section 4428 of the Code of Georgia. 

Mr. Richards moved to lay the motion' to reconsider 
on the table, and the motion prevailed. 

Mr. Heidt moved to reconsider so much of the Jour- 
nal as relates to the passage of a Senate bill to incor- 
porate the Savannah & Thunderbolt Railroad Com- 
pany, and for the purpose of opening a railroad com- 
munication from the city of Savannah to the town of 
Thunderbolt, and for other purposes. 

On motion of Mr. Pierce, the motion to reconsider 
was laid on the table. 

Mr. Bryan moved to reconsider so much of the Jour- 
nal as relates to the tabling of a Senate bill to regulate 
the practice of dentistry in this State. 

Mr. Pierce made the point of order that the motion 



FRIDAY, DECEMBER 8, 1871. 409 

* 

to reconsider could not be entertained, no notice havinar 
been given before the reading of the Journal, or during 
the reading thereof. 
The Speaker ruled the point well taken. 

The following message was received from the Senate, 
through Mr. Little, the Secretary pro tern, thereof: 

Mr Speaker: 

The Senate has passed the following bills of the 
House of Representatives, to-wit: 

A bill to authorize the corporate authorities of Dal- 
ton to issue bonds for educational purposes. 

Also, a bill to authorize the corporate authorities of 
Dalton to purchase and donate lands to the Selma, 
Rome & Dalton Railroad Company 

Also, a bill for the relief of O. P Anthony, Tax 
Collector of Clay county - 

The Senate has also elected by a vote of 39 yeas, 
nays none, W A. Little as Secretary pro tern, of the 
Senate. 

On motion of Mr. Dell, the rules were suspended, 
and a Senate bill to carry into effect the election for a 
Governor to fill the unexpired term of Rufus B. Bul- 
lock, was read the third time, passed, and ordered to 
be transmitted to the Senate forthwith. 

Mr. Wofford of Bartow offered a joint resolution re- 
lating to Cherokee Indians. 

The rules were suspended, the resolution agreed to 
and ordered to be transmitted to the Senate forthwith. 

The unfinished business of the 6th instant, the same 
being a bill to prevent the sale of farm products be- 
tween the hours of sunset and sunrise, in the counties 
of Richmond and Burke, with the amendments thereto, 
was taken up. 

Mr. Bryan offered a substitute for the same. 

On motion, the bill, substitute and amendments were 
laid on the table. 



410 JOURNAL OF THE HOUSE. 

A bill to incorporate the cit}^ of Fort Yalley was 
withdrawn by Mr. Griffin of Houston, the author 
thereof. 

The following message was received from the Senate, 
through Mr. Little, the Secretary pro tern, thereof: 

Mr Speaker: 

The Senate has agreed to, by a constitutional majority 
of yeas 27, nays 11, a resolution prolonging the present 
session of the General Assembly until Wednesday, 
13th instant, inclusive, and no longer, unless by a ma- 
jority of two-thirds of each branch of the General 
Assembly, and I am instructed to transmit the same 
forthwith to this branch of the General Assembly 

The foregoing resolution was taken up, and made 
the special order for 3 o 1 clock, this afternoon. 

The following message' was received from the Execu- 
tive Department through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr Speaker: 

I am directed by his Excellency the Governor to de- 
liver to the House of Representatives a communication 
in writing. 

The following message was received from the Senate,, 
through Mr. Little, their Secretary, pro tern : 

Mr Speaker: 

The Senate has passed the following House bills, to- 
wit: 

A bill to repeal an act entitled an act to alter and 
amend section 4245 of Irwin' s Revised Code, by strik- 
ing out of said section the words, "to work in a chain- 
gang on the public works," and for other purposes, 
approved October 27, 1870. 

Also, a bill to be entitled an act to alter and amend 



FRIDAY, DECEMBER 8, 1871. 411 

an act to incorporate the ISTewnan & Americas Railroad 
Company, and for other purposes, assented to August 
27, 1870. 

Also, a bill to be entitled an act to alter and amend 
an act entitled an act to amend and alter the charter of 
the city of Columbus, approved March 8, 1866. 

Also, a bill to be entitled an act creating commis- 
sioners for the county of Mcintosh, to define their 
powers, duties, etc., and for other purposes. 

Also, a bill to be # entitled an act to change the line 
between the counties of Upson and Pike, and for other 
purposes. 

Also, a bill to be entitled an act to authorize the 
Mayor and Council of the city of Cuthbert to issue 
bonds for educational purposes, and to assess and col- 
lect taxes to pay the same. 

Also, a bill to be entitled an act to amend an act en- 
titled an act to incorporate the town of Clarkesville, in 
the county of Habersham, to appoint commissioners 
for the same, and for other purposes, approved Sep- 
tember 16, 1870. 

Also, a bill to be entitled an act to authorize a coun- 
ter showing to a motion for a continuance in the courts 
of this State. 

Also, a resolution providing for the printing of one 
thousand copies of the election bill. 

Mr. Hoge, chairman of the Committee on the Judi- 
ciary, submitted the following report : 

Mr. Speaker: 

The Committee on the Judiciary have had under con- 
sideration a number of the bills submitted thereto, and 
I am instructed to report as follows : 

A bill to be entitled an act to amend an act entitled 
an act to facilitate the sale of real estate in Georgia, 
and to encourage immigration thereto, approved De- 
cember 3, 1866, the committee recommend do not pass. 

A bill to be entitled an act to execute the fifteenth 



412 JOURNAL OF THE HOUSE. 

section of article one of the Constitution of Georgia, 
the committee recommend do pass. 

A bill to be entitled an act to merge the jurisdiction 
of courts of law and equity in this State, the committee 
recommend do pass. 

A bill to be entitled an act to repeal an act to organ- 
ize the District Court, and to define its jurisdiction, 
and for other purposes, approved October 28, 1870, the 
committee recommend do not pass. 

I am also instructed by the committee to report and 
recommend the adoption of a lftsolution authorizing 
the Clerk to employ such additional number of clerks 
as may be necessary, not exceeding twelve, to keep up 
with the business of the House. 

E. F Hoge, Chairman. 

The following message was received from the Senate, 
through Mr. Little, the Clerk pro tern, thereof: 

Jlr Speaker : 

The Senate has passed the following House bills, 
to-wit : 

A bill to be entitled an act to incorporate the Grand 
Bay Paper Manufacturing Company 

Also, a bill to be entitled an act to amend and alter 
and add to the several acts incorporating the town of 
Calhoun. 

Also, a bill to be entitled an act to incorporate the 
town of Tilton, in Whitfield county, and to appoint 
Commissioners for the same, and for other purposes. 

Also, a bill to be entitled an act to authorize the 
town council of the town of Calhoun to aid in the con- 
struction of the North Georgia & North Carolina Kail- 
road. 

Also, a bill to be entitled an act to authorize the Or- 
dinary of Gwinnett county to issue bonds, for the pur- 
pose of raising money to build a court-house. 

The House went into Committee of the Whole, for 
the purpose of considering a bill to levy and collect a 



FRIDAY, DECEMBER 8, 1871. 



413- 



tax for the support of the government for the year 
1872, and for other purposes. 

. Mr. Simmons of Gwinnett, chairman of the Commit- 
tee of the Whole, reported the bill back to the House 
without recommendation. 

The bill was then taken up by sections. 

The first, second, third, fourth, fifth, sixth, seventh, 
eighth, ninth, tenth, eleventh, twelfth and thirteenth 
sections were read and adopted. 

Mr. Scott moved to strike out the fourteenth section. 

The yeas and nays were called for. 



Those voting 


in the affirmative 


are Messrs. — 


Allred, 


Etkeridge, 


Oliver, 


Anderson, Wm. D, 


Fain, 


O'Neal, 


.Anderson, Wm. P., 


Field, 


Ormond, 


Atkinson, 


Floyd, 


Palmer, 


Bacon, 


Franklin, 


Payne, 


Baker of Bryan, 


Glover, 


Pentecost, 


Ballangdr, 


Goodman, 


Putney, 


Barksdale, 


Gray, 


Pawls, 


Barron, 


Griffin of Houston, 


Eeid, 


Battle, 


GrifSn of Twiggs, 


Renfroe, 


Beaseley, 


Hall of Upson, 


Richards, 


Blue, 


Hammond, 


Richardson, 


Bowie, 


Hancock, 


Riley, 


Braddy, 


Head, 


Roundtree, 


Bruton of Decatur, 


Hooks, 


Sargent, 


Brown, 


Hudson, 


Scott, 


Bryan, 


Hughes, 


Sellers, 


Campbell, 


Jenkins, 


Simmons of Gwinnett,. 


Carlton, 


Joiner, 


Simmons of Hall, 


Cato, 


Jones of Gwinnett, 


Simmons of Houston, 


Ckancey, 


Jones of Hart, 


Smith of Coweta, 


Ckastain, 


Kennedy, 


Spence, 


Clark of Troup, 


Killian, 


Stovall, 


Clements, 


Lamkin, 


Summers, 


Cloud, 


Lewis, 


Summerlin, 


Clower, 


Martin, 


Taylor, 


Colby, 


McConnell, 


Trammell, 


Collins, 


McMillan, 


West, 


Converse, 


McWliorter. 


Whatley, 


Davis of Clarke, 


Meadows, 


Wofford of Banks, 


Dell, 


Moreland, 


Wofford of Bartow 


Dukes, 


Morris, 


Wood. 


Edwards, 


Netherland, 


Woodward. 


Emerson, 


Nutting, 





414 



JOURNAL OF THE HOUSE. 



Those voting 


in the negative are 


Messrs. — 


Baker of Pike, 


Goldsmith, 


Morrison, 


Batenian, 


Guerry, 


Murphy of Burke, 


Bell, 


Hall of Meriwether, 


Murphy of Harris, 


Berrien, 


Heidt, 


Patillo, 


Brewton of Tatnall, 


Hillyer, 


Paxton, 


Bunn, 


Hoge, 


Pierce, 


Butts, 


Howell, 


Pou, 


Clark of Richmond, 


Hunter, 


Russell, 


Cleghorn, 


Jackson, 


Slaton, 


Cody, 


Johnson of Clay, 


Snead, 


Crittenden, 


Johnson of Spalding, 


Tarver, 


dimming, 


Kelly, 


"Watters, 


Davis of Newton, 


Knowles, 


Wilson, 


Farmer, 


Lang, 


Wynn. 


Flynt, 


Mansfield, 





Yeas, 101. Nays, 44. 
So the motion to strike out prevailed. 

The remaining sections were then read and adopted, 
and the bill, as a whole, was read and passed. 

Leave of absence was granted to Messrs. G-uyton, 
Johnson of Jefferson, Mann and Kennedy, for the 
balance of the session, and to Mr. Davis of Clarke, for 
a few daj'S, on account of sickness in his family. 

Mr. Glover offered a resolution requesting the Gov- 
ernor to order an election for Representative in Sumter 
county to fill the vacancy occasioned by the death of 
the late Hon. Wright Brady - 

The resolution was agreed to. 

The House took a recess until 3 o' clock, p. m. 



Afternoon Session, 3 o'clock P M. 

The House reassembled. 

Mr. Richards offered a resolution that all bills and 
resolutions passed or adopted by this House, be trans- 
mitted to the Senate forthwith, unless a motion to 
reconsider is made at the time of the passage or adop- 
tion of the same, which was agreed to. 



FK1JDAY, lHSUEMSJBJi 8, 1871. 



415 



Mr. W D. Anderson offered a resolution that no 
member be allowed to speak longer than five minutes 
on any subject, which was agreed to. 

Mr. Wofford of Bartow offered a resolution that this 
session of the General Assembly be prolonged until, 
and including, Saturday, December 16, 1871. 

Mr. Bacon called the previous question, and the call 
was sustained. » 

A constitutional majority of two-thirds being re- 
quired, the vote was taken by yeas and nays. 

Those voting in the affirmative are Messrs. — 



Anderson, Wm. D. 


Etheridge, 


Lamkin. 


Anderson, Wm. P. 


Fain, 


Lang, 


Bacon, 


Farmer, 


Lipsey, 


Baker of Bryan, 


Field, 


Mann, 


Baker of Pike, 


Glover, 


Mansfield, 


Ballanger, 


Goldsmith, 


Martin, 


Barksdale, 


Goodman, 


Mattox, 


Barron, 


Graham, 


McMillan, 


Bateman, 


Gray, 


McNeal, 


Berrien, 


Griffin of Twiggs, 


McWhorter, 


Bowie, 


Guerry, 


Meadows, 


Brewton of Tatnall, 


Hall of Meriwether, 


Moreland, 


Bryan, 


Hall of Upson, 


Morris, 


Bunn, 


Hammond, 


Morrison, 


Butts, 


Hancock, 


Murphy of Burke, 


Cato, 


Head, 


Murphy of Harris, 


Chancey, 


Heidt, 


Netherland, 


Clark of Richmond, 


Hoge, 


Nutting, 


Clark of Troup, 


Howell, 


Paulk, 


Cleghorn, 


Hooks, 


Paxton, 


Clements, 


Hudson, 


Payne, 


Cloud, 


Hunter, 


Pentecost, 


Cody, 


Jackson, 


Pierce, 


Colby, 


Jenkins, 


Pou, 


Converse, 


Johnson of Clay, 


Rawls, 


Cox, 


Johnson of Spalding, 


Reid, 


Craig, 


Jones of Gwinnett, 


Renfroe, 


Crittenden, 


Jones of Hart, 


Riley, 


Cumming, 


Kelly, 


Roundtree, 


Dell, 


Kennedy, 


Russell, 


Edwards, 


Killian, 


Rutherford, 


Emerson, 


Knowles, 


Sellers, 



416 



JOURNAL OF THE HOUSE. 



Simmons of Gwinnett, 


Summerlin, 


Whatley, 


Slaton, 




Tarver, 


Wilson, 


Smith of Oglethorpe, 


Taylor, 


WofFord of Banks, 


Snead, 




Trammell, 


Wofford of Bartow,. 


Spence, 




"Watters, 


Woodward, 


Stovall, 




"West, 


Wynn. 


Summers, 








Those 


voting in the negative 


are Messrs — 


Allred,' 




Clower, 


Ormond, 


Atkinson, 




Collins, 


Palmer, 


Battle, 




Dukes, 


Patillo, 


Beaseley, 




Floyd, 


Peeples, 


Bell, 




Franklin, 


Putney, 


Blue, 




Hillyer, 


Richards, 


Bruton of Decatur, 


Hughes, 


Richardson, 


Brown, 




Joiner, 


Simmons of Hall. 


Campbell, 




Lewis, 


Simmons of Houston,, 


Carlton, 




Oliver, 


Smith of Coweta, 


Chastain, 




O'Neal, 




Yeas, 


115. Nays, 


32. 





So the resolution was adopted by a constitutional 
majority 

Mr. Hoge moved that the Clerk of the House inform 
the Senate forthwith that the House has, by a constitu- 
tional majority of two-thirds, voted to prolong this 
session of the General Assembly to and including Sat- 
urday, the 16th instant, and the motion prevailed. 

Mr. Hudson moved that the Clerk of the House also 
furnish the Senate with a copy of the resolution in ref- 
erence to prolongation, agreed to by this House. 

The motion prevailed. 

The following message was received from the Senate, 
through Mr. Little, their Secretary pro tern : 

Mr. Spealcer : 

The Senate has passed the following House bills, 
to-wit : 

A bill to be entitled an act to incorporate the La- 
Grange Banking and Trust Company, passed by yeas 
31, nays 1, a constitutional majority. 



FRIDAY, DECEMBER 8, 1871. 417 

Also, a bill to be entitled an act to establish a Board 
of Commissioners of Roads and Revenue for the county 
of Habersham, to define their duties, and for other 
purposes therein named. 

Also, a bill to be entitled an act to authorize the Tax 
Collector of Madison county to receive certain jury cer- 
tificates, for services as jurors rendered in said county, 
in payment of all taxes due said county, and for other 
purposes. 

Also, a bill to be entitled an act to authorize the 
Ordinary of Randolph county to issue bonds of said 
county for the building of a new court-house, and for 
other purposes. 

Also, a bill to be entitled an act to change the law of 
distribution, so far as it effects the separate property of 
a married woman. 

Also, a bill to be entitled an act to make it legal for 
Sheriffs, Coroners and other levying officers, to sell 
certain kinds of personal property, without exposing 
the same before the court-house door at the time of 
sale. 

Also, a bill to be entitled an -act to provide for the 
levying and collecting of a tax for the payment of bills 
for insolvent criminal costs due Benjamin L. Cole, late 
Sheriff of Chatham county, and William H. Bullock, 
late Clerk Superior Court of Chatham county 

Also, a bill to be entitled an act to amend the acts 
relative to fees of the Clerk of the Superior Court of 
Chatham county, and the Clerk of the City Court of 
Savannah, Georgia, and fees of the Sheriff of Chatham 
county, and Sheriff of the City Court of Savannah, 
Georgia, unprovided for, and to point out the manner 
of collecting the same.. 

Also, the following Senate bill, to-wit : 
A bill to be entitled an act for the relief of Ziba 
King. 

Also, the following House bill, to-wit : 

A bill to be entitled an act to incorporate the Atlantic, 

27 



418 JOURNAL OF THE HOUSE. 

Fort Valley & Memphis Railroad Company, and for 
other purposes therein mentioned. 

Also, a bill to be entitled an act to amend an act en- 
titled an act to alter and amend the several acts incor- 
porating the city of Macon, approved December 27, 
1847, and the several acts amendatory thereof, to grant 
additional powers to the Mayor and Council of the 
city of Macon, and for other purposes. 

The following message was received from the Exec- 
utive Department, through Mr. Atkinson, Secretary 
thereof, to-wit: 

Jlr. Speaker : 

His Excellency the Governor has approved and 
signed the following act, to-wit : 

An act for the relief of 0. P Anthony, Tax Collector 
of the county of Clay, and his securities. 

The following message was received from the Senate, 
through Mr. Little, their Secretary pro tern : 

Jlr Speaker : 

The Senate has passed the following House bills, 
to-wit : 

A bill to be entitled an act for the election and crea- 
tion of a Board of County Commissioners for the county 
of Screven, define their duties, and for other purposes. 

Also, a bill to be entitled an act to change the line 
between the counties of Carroll and Douglas, and to 
add a portion of the county of Douglas to the county 
of Carroll, and for other purposes therein named. 

Also, a bill to be entitled an act for the better regu- 
lation and government of the town of Sparta, in the 
county of Hancock, and the acts amendatory thereof, 
and for other purposes. 

Also, a bill to be entitled an act to authorize the 
Ordinary of Cobb county to issue and negotiate bonds, 



FRIDAY, DECEMBER 8, 1871. 419 

•and provide means for the redemption thereof by taxa- 
tion, for the pnrpose of building and finishing a court- 
house in the city of Marietta, in said county of Cobb, 
and for other purposes. 

Also, a bill to be entitled an act to prevent the sale 
of spirituous liquors within a mile of the Clements' 
Institute, etc. 

Mr. Hoge, chairman of the Committee on the Judi- 
ciary, submitted the following report : 

Mr. Speaker: 

The Committee on the Judiciary, to whom was re- 
ferred a bill to be entitled an act to amend an act enti- 
tled an act to incorporate the town of Adairsville, 
approved the 8th day of February, 1854, have had the 
same under consideration, and I am instructed to 
report a substitute, by way of amendment, to the orig- 
inal bill, with the recommendation that it do pass. 

E. F Hoge, Cliairman. 

Mr. Craig, chairman of the Enrolling Committee, 
submitted the following report : 

Mr. Speaker : 

The Committee on Enrollment report as duly en- 
rolled and ready for the signature of the Speaker of 
the House of Representatives, the following bills, to- 
wit: 

A bill for the relief of O. P Anthony, Tax Collec- 
tor for the county of Clay, and his securities. 

Also, a bill to authorize the corporate authorities of 
the city of Dalton to issue bonds for educational pur- 
poses. 

Also, a bill to authorize the corporate authorities of 
the city of Dalton to purchase and donate to the Selma, 
Rome & Dalton Railroad Company a site upon which 
to erect the machine shops of said company 

Also, a bill to authorize the town council of Calhoun 



420 JOURNAL OF THE HOUSE. 

to aid in the construction of the North Georgia & North 
Carolina Railroad. 

Also, a bill to repeal an act entitled an act to alter 
and amend section 4245 of Irwin's Revised Code, by 
striking out of said section the words, "to work in a 
chain-gang and the public works,' ' and for other pur- 
poses, approved October 27, 1870. 

Also, a bill to alter and amend an act entitled an act 
to amend and alter the charter of the city of Columbus, 
approved March 8, 1866. 

Also, a bill to change the line between the counties 
of Upson and Pike, and for other purposes. 

Also, a bill to incorporate the Macon & Knoxville 
Railroad Company, and for other purposes therein 
named. 

Also, a resolution providing for the printing of one 
thousand copies of the election bill. 

Also, a bill creating commissioners for the count}' of 
Mcintosh, to define their powers, duties, etc., and for 
other purposes. 

H. L. YV Ckaio, 
Chairman Enrolling Committee. 

The following bills were read the third time and 
passed: 

A bill to legalize the county tax levied by the Ordi- 
nary of Dougherty county, for the year 1871. 

A bill to amend an act to incorporate the town of 
Thomson, in the county of Columbia, now McDuffie. 

A bill to amend an act amendatory of an act to in- 
corporate the town of New Gibraltar, inDelvalb county, 
and to change the name of the same to Stone Mountain. 

A bill to amend an act to compel non-residents to 
pay tax on cattle and sheep, running and grazing in 
the county of Colquitt. 

A bill to incorporate the Atlanta & Monticello Nar- 
row Gunge Railwaj- Company. 

A bill to alter and amend section 3434 of Irwin's 
Revised Code. 



FRIDAY, DECEMBER 8, 1871. 421 

A bill to alter and amend section 650 of Irwin' s Re- 
vised Code, so far as relates to the comity of Colquitt. 

A bill to change the name of Bowdon Collegiate In- 
stitute. 

A. bill to amend the charter of Fort Gfaines was read 
the third time, and a substitute therefor, recommended 
by the Committee on Corporations, was passed. 

A bill to incorporate the town of Jefferson was read 
the third time, and passed by a substitute recommended 
by the Committee on Corporations. 

The following bills were read the third time and lost : 

A bill for the relief of William Hanby and Aclaline 
Hendricks, both of DeKalb county - 

A bill to amend the homestead laws of this State. 

A bill to amend section 2532 of the Code of Georgia. 

A bill to appoint a commission for certain purposes. 

A bill to endow the Atlanta University 

A bill to give to the Ordinaries of the several coun- 
ties of this State authority to issue attachment?, and 
for other purposes. 

A bill to appropriate money to pay the heirs of the 
late Colonel Mordecai Sheftall, of Savannah, Georgia. 

The following bills were read the third time and laid 
on the table : 

A bill to alter and amend the wild land laws of this 
State. 

A bill relating to fences, and for the protection of 
crops. 

A Senate bill to change the time of holding the fall 
term of Lee Superior Courts, was read the second time, 
and ordered to be engrossed. 

A Senate bill, to create a new Judicial Circuit out of 
the counties composing the Southern, Macon and Mid- 
dle Circuits, and for other purposes, was read the sec- 
ond time, and committed. 

The House took a recess until 7 o'clock p. m. 



4-2-2 JOURNAL OF THE HOUSE. 

Night Session, 7 o'clock r. m. 

The House reassembled. 

The following bills wore read the third time and 
passed : 

A bill to incoporate the town of Leeton. 

A bill to amend the several acts consolidated and 
approved February 9, 1869, incorporating the town of 
Lnmpkin, in Stewart county - 

A bill to alter and fix the pay of grand and traverse 
jurors and bailiffs of the Superior Courts of the county 
of Terrell. 

A bill to prescribe the manner in which lunatics, 
idiots, insane and imbecile persons may be committed 
to the Lunatic Asylum of this State, and to provide for 
the support of the families of the same, and for other 
purposes. 

A bill to compensate the grand and petit jurors of 
the county of Jefferson, by allowing them mileage. 

A bill to authorize the revision of the jury-box in 
Rabun county, and for other purposes. 

A bill to authorize the Ordinary of Early county to 
levy a tax sufficient to' supply the paupers of said 
county with medicines, and for other purposes. 

A bill to amend an act to incorporate the town of 
Norcross, in the county of Gwinnett, and for other 
purposes. 

A bill to amend an act to incorporate the town of 
Kingston, in Bartow county 

A bill to amend section 4026 of Irwin's Code. 

A bill to incorporate the town of Clinton, in the 
county of Jones. 

A bill to incorporate the town of Jeffersonville, in 
the county of Twiggs. 

A bill to revive and declare of force and effect in the 
county of Chattooga, an act to organize a Criminal 
Court for each county in this State, assented to Octo- 
ber 7, 1870. 



FRIDAY, DECEMBER 8, 1871. 423 

A bill to provide for the ditching and draining of 
lands under certain circumstances, was read the third 
time. 

Mr. McMillan moved to amend by providing that the 
provisions of the bill shall apply and be of force in the 
county of Habersham only- 

The motion prevailed, and the bill as thus amended 
•was passed. 

A bill to alter and amend an act assented to October 
6, 1868, was read the third time. 

A substitute for the same, recommended by the 
Committee on the Judiciary, was iead and passed. 

A Senate bill to change the time of holding the Supe- 
rior Courts of the Brunswick Judicial Circuit, and the 
county of Towns in the Blue Ridge Circuit, and to add 
the county of Mcintosh to the Eastern Judicial Circuit 
was read the third time and passed. 

A bill to amend an act to incorporate the town of 
Adairsville was read the third and a substitute therefor, 
recommended by the Committee on the Judiciary, was 
read and passed. 

The following bills were taken up, and the Senate 
amendments thereto concurred in : 

A bill to alter and amend the several acts incorporat- 
ing the city of Macon, and for other purposes. 

A bill to establish a Board of Commissioners of Roads 
and Revenue for the county of Habersham. 

A bill to amend an act to incorporate the town of 
Clarkesville, and for the other purposes. 

The following Senate bill was read the first time : 
A bill for the relief of Ziba King. 

The following bills were withdrawn : 

A bill to authorize the revision of the jury-box in the 
county of Twiggs. 

A bill to exempt Justices of the Peace and Judicial 
Notaries Public from jury duty. 



424 JOURNAL OP THE HOUSE. 

A bill to require Justices of the Peace or Judicial 
Notaries in each Militia District to return to the Re- 
ceiver of Tax Returns, all persons liable to pa}- taxes in 
their districts. 

A bill to incorporate an Agricultural Land Grant 
Board, and for other purposes, was read the third time 
and laid on the table. 

The following bills were read the third time, and in- 
definitely postponed. 

A bill to abolish the District Courts of this State. 
A bill to compensate grand and petit jurors of the 
county of Sumter. 

The following bills were read the third time and 

lost : 

A bill for the relief of William Gibson and Lewis De 
Loach. 

A bill to render certain slanders penal, and provide 
for the punishment of the same. 

A bill to regulate the fees of Solicitors General in the 
Supreme Court. 

A bill to amend section 1977 of the Code. 

A bill to amend the laws in relation to the punish- 
ment of capital offenses. 

A bill to require defendants to pay the costs before 
filing affidavits of illegality. 

A bill to declare who shall be jurors in certain cases. 

The following Senate bills were read the second time 
and committed : 

A bill to authorize the Ordinary of Pulaski county 
to issue bonds to build a court-house. 

A bill to repeal the act of 1831, requiring Justices of 
the Peace to act as Road Commissioners in the county 
of Pulaski, and for other purposes. 

A bill to create a new judicial circuit out of the coun- 



FRIDAY, DECEMBER 8, 1871. 425 

ties composing the Southern, Macon and Middle Cir- 
cuits, and for other purposes. 

A bill to amend section 1052 of the Code. 

A bill to change the time of holding the Superior 
•Courts in the county of Jasper. 

A bill to authorize the Ordinary of Rockdale county 
to levy an extra tax and issue bonds for the purpose 
of building a court-house for said county 

A bill to extend the provisions of the eleventh section 
of an act, approved February 22, 1850, in relation to 
Tax Collectors and Receivers in Chatham county to 
the county of Fulton. 

A bill to carry into effect paragraph three, section 
five, article three of the Constitution of this State. 

A bill to incorporate the Flint River Manufacturing 
Company of Upson county 

A bill to amend the charter of the Atlanta & Roswell 
Railroad Company 

A bill to amend sections nine and ten of an act to 
carry into effect the second clause of the thirteenth sec- 
tion of the fifth article of the Constitution. 

A bill to amend an act incorporating the town of 
Boston, in Thomas county - 

A bill to provide for the taking of testimony by 
written depositions, in cases not now allowed by law. 

A bill to make penal the selling of personal property 
which has been mortgaged as a security for the pay- 
ment of debt, and to provide for the punishment of the 
same. 

A bill to amend an act to incorporate the Atlanta & 
Blue Ridge Railroad, and for other purposes. 

A bill to amend an act to fix and define the fees of 
Ordinaries and Clerks of the Superior Courts in appli- 
cations for setting apart a homestead. 

A bill to amend the attachment laws of the State of 
Georgia. 

A bill to provide for the farming out of the convicts 
of the Penitentiary of this State, and for other purposes. 

A bill to amend an act to amend an act incorporating 



42G JOURNAL OF THE HOFSE. 

the Ocmulgee River Railroad Company, and for other 
purposes. 

A bill to secure counsel fees in certain cases. 

A bill for the apportionment of the members of the 
House of Representatives. 

A bill to repeal section 812 of the Code. 

A bill to incorporate the Waynman & Franklin 
Manufacturing Company. 

A bill to amend section 4420 of Irwin's Revised 
Code. 

A bill to incorporate the Merchants' Mutual Insur- 
ance Company of Georgia. 

A bill to amend the charter of the Gate City Insur- 
ance Company of Atlanta, 

A bill to provide for the discharge of the duties of 
Ordinary of Chatham county, under certain circum- 
stances. 

A bill to provide for the payment of insolvent. costs v 
to the county officers of Upson county, and for other 
purposes. 

Mr. Hoge offered the following resolution which was 
agreed to : 



Resolved, That the Clerk of this House be, and he is 
hereby, authorized to employ such an additional num- 
ber of clerks not to exceed twelve, as ma} T be necessary 
to keep up with the business of the House. 

Leave of absence for the balance of the session was 
granted Messrs. Killian, Bell, McMillan and Butts, and 
to Messrs. Netherland, McConnell and McWhorter, for 
one day each. 

The House adjourned till 9 o'clock a. m. to-morrow. 



SATURDAY, DECEMBER 9, 1871. 427 

Atlanta, Georgia, 
Saturday, December 9, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev. Mr. Jones. 

The Journal of yesterday was read and approved. 

Mr. Griffin of Houston moved to reconsider so much 
of the Journal as relates to the adoption of a resolu- 
tion, requesting the Governor to order an election for 
Representative in the county of Sumter, to fill the va- 
cancy occasioned by the death of the late Hon. Wright 
Brady 

On motion of Mr. Bryan, the motion to reconsider 
was laid on the table. 

Mr. Russell moved to reconsider so much of the 
Journal as relates to the loss of a bill to appropriate 
money to pay the heirs of the late Colonel Mordecai 
Sheftall, of Savannah, Georgia. 

On motion of Mr. Richards, the motion to reconsider 
was laid on the table. 

Mr. Griffin of Houston offered a resolution directing 
the Committee on Privileges and Elections to inform 
this House what action has been taken in the case of 
contest of Dr. J. R. Simmons, of Sumter, with the 
Hon. Wright Brady, for a seat as a member on this 
floor. 

Mr. Rawls, Chairman of the Committee on Finance^ 
submitted the following report : 

Mr Speaker: 

The Committee on Finance beg to report that they 
have had before them and duly considered the follow- 
ing bills : 

A bill to authorize the Governor to draw his warrant 
to refund money to George C. Edwards, of Lee county, 
which they recommend do pass. 

Also, a Senate bill to assist the Georgia Infirmary, 
which they recommend do pass. 



428 JOURNAL OF THE HOUSE. 

Also, a Senate bill to compensate Ordinaries, Sher- 
iffs and Clerks of the Superior Courts, for certain ser- 
vices, which they recommend do pass. 

Morgan Rawls, 
Chairman Finance Committee. 

Mr. Fain, chairman of the Committee on New Coun- 
ties and County Lines, submitted the following report: 

Mr Speaker : 

The Committee on New Counties and County Lines 
have had under consideration a bill to be entitled an 
act to change the lines between the counties of Doug- 
las and Paulding, and between the counties of Doug- 
las and Cobb, which they return without recommenda- 
tion, at the instance of the author. 

J. C. Fain, Cliairman. 

The following bills were read the third time and 
passed : 

A bill for the relief of George C. Edwards, former 
Tax Collector of Lee county. 

A bill to incorporate the Griswoldville & Jefferson- 
ville Railroad Company. 

A bill to incorporate the Steam Road "Wagon Com- 
pany of Georgia. 

A bill to authorize the Ordinary and Road Commis- 
sioners of the county of Dooly to classify the public 
roads in said county - 

A bill to change the line between the counties of 
Pickens and Gilmer. 

A bill to exempt certain parties from road duty in 
the county of Pickens. 

A bill to authorize and require the Tax Collector of 
the county of Pierce to receive jury scrip in payment 
of taxes due said county - 

A bill to make it a misdemeanor for any person, in 
the night time, to deliver or receive the products of a 
farm in the county of Pulaski. 



SATURDAY, DECEMBER 9, 1871. 429 

A bill to amend an act, passed March 13, 1869, en- 
titled an act to protect the planters of this State from 
imposition, in the sale of fertilizers. 

A bill to amend an act to extend the corporate limits 
of the town of Hartwell. 

A bill to prohibit the granting of license to retail 
spirituous liquors within the corporate limits of the 
city of Gainesville. 

A bill to amend section 635 of the Code of Georgia. 

A bill to regulate the levying of taxes in the county 
of Pierce, and for other purposes. 

A bill to provide for selling horses, hogs or cattle 
that are levied on and claimed when the levying officer 
has to keep said animals until the trial of said claim. 

A bill to incorporate an insurance company in the 
city of Atlanta. 

A bill to change the line between the counties of Ful- 
ton and Campbell. 

A bill to allow William M. Hunnicutt, of Gwinnett 
county, to peddle without license. 

A bill to amend the laws in relation to receiving jury 
certificates in payment of county taxes in the counties 
of White and Habersham. ^ 

A bill to change the fees of Sheriffs in the keeping 
of live stock when levied on. 

The following bills were read the third time and lost : 

A bill to amend section two, article four of the Con- 
stitution of this State. 

A bill to revise the jury-boxes throughout the State. 

A bill to prescribe by law for jurors in Stewart 
county. 

A bill prescribing who shall be jurors in certain 
cases, in the courts of this State. 

A bill to repeal the school law of 1870. 

A bill to authorize the Ordinaries of the various 
counties in this State, to order the sale of the home- 
stead in certain cases. 



430 JOURNAL OF THE HOUSE. 

A bill to secure the costs of the officers of court in 
certain cases. 

A bill to make it unlawful for the Mayor and Coun- 
cil of any incorporated city or town in this State, to 
levy tax on cotton sales made in said cities or towns. 

A bill to submit to the legal voters of Georgia, the 
question of abolishing fences. 

A bill to amend section 1626 of the Code. 

A bill to authorize the investment of trust funds 
upon certain terms and conditions. 

A bill to amend an act to establish a system of pub- 
lic instruction. 

The following message was received from the Execu- 
tive Department through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr. Speaker: 

His Excellency the Governor has approved and 
signed the following act, to-wit : 

An act to amend an act for the better regulation and 
government of the town of Sparta, in the county of 
Hancock, and the acts amendatory thereof, and for 
other purposes. 

The following message was received from the Execu- 
tive Department through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr Speaker: 

His Excellency the Governor has approved and 
signed the following acts, to-wit : 

An act to incorporate the Atlantic, Fort Valley & 
Memphis Railroad Company, and for. other purposes 
therein mentioned. 

Also, an act to authorize the Ordinary of Gwinnett 
county to issue bonds for the purpose of raising money 
to build a court-house. 



SATURDAY, DECEMBER 9, 1871. 431 

Also, an act to amend an act to incorporate the 
Newnan & Americus Railroad Company, and for other 
purposes. Assented to August 27, 1870. 

The following message was received from the Senate, 
through Mr. Little, Secretary pro tern, thereof: 

Mr Speaker : 
The Senate has passed the following bills, to-wit : 
A bill to be entitled an act to organize a Land Grant 
Board of Commissioners for the State of Georgia, and 
for other purposes. 

v Also, a bill to be entitled an act to amend an act, 
passed October 24, 1870, entitled an act to protect the 
people of this State in the sale of kerosene oil. 

Also, a bill to be entitled an act to amend the several 
acts incorporating the town of Cartersville, in Bartow 
county, Georgia, and to incorporate the same as a 
city, under the name and style of the city of Carters- 
ville, and for other purposes therein named. 

Also, the following House bills, to-wit : 

A bill to be entitled an act to promote the propaga- 
tion of shad fish in the Savannah river, and to impose 
a penalty for fishing for said fish in said river, on Sun- 
day or Monday 

Also, a bill to be entitled an act to incorporate the 
Commercial Bank of Albany, by a constitutional ma- 
jority of yeas 30, nays none. 

Also, a bill to be entitled an act to alter and amend 
section 3895 of Irwin's Revised Code. 

Also, a bill to be entitled an act to carry into effect 
article three, section six, paragraph five of the Consti- 
tution of Georgia, to protect the interest of the State 
in extending aid to railroads, and for other purposes. 

I am instructed to inform the House of Representa- 
tives that the Senate have passed a resolution, to pro- 
long the session of this General Assembly, until and 
including Saturday, December 16, 1871. 

Also, a resolution requesting Congress to make an 



43-2 JOURNAL OF THE HOUSE. 

appropriation to reimburse the city of Savannah, for 
the expenditures made by said city for improving the 
navigation of the harbor of Savannah. 



The following bills were withdrawn : 

A bill to amend an act to facilitate the sale of real 
estate in Georgia, and encourage immigration thereto. 

A bill to change the line between the counties of 
Douglas and Paulding, and between the counties of 
Douglas and Cobb. 

A bill to compensate the grand and petit jurors of 
the county of Pike was read the third time and indefi- 
nitely postponement. 

The following bills were read the third time and laid 
on the table : 

A bill to prohibit the sale and purchase, in Jefferson 
county, of agricultural products after dark. 

A bill to amend section 3599 of the Code. 

A bill to change the line between the counties of 
Fors3 T th and Milton. 

A Senate bill to amend an act to grant to the Savan- 
nah, Seaboard & Skidaway Railroad Company the 
right to construct a railway 'through Abercorn street. 

A Senate bill for the relief of Ziba King was read 
the second time and committed. 

s The following message was received from the Senate, 
through Mr. Little, their Secretary pro tern : 

Mr Speaker: 

The Senate has passed the following resolutions, 
which I am ordered to transmit forthwith to the House 
of Representatives, to-wit : 

A resolution ordering printed copies of the election 
bill to fill the unexpired term of R. B. Bullock, to be 
sent by the Secretary of State to each Ordinary, Clerk 
of the Superior Court and Justice of the Peace through- 
out the State. 



SATURDAY, DECEMBER 9, 1871. 433 

Also, a resolution that a joint committee of two from 
the Senate and three from the House of Representa- 
tives, be appointed to investigate charges made by the 
public press against a member of this- General Assem- 
bly; and have appointed, on the part of the Senate, 
Messrs. Simmons of the Twenty-Second District, and 
Hillyer of the Thirty-Fifth District. 

Also, a resolution that a joint committee of two from 
•the Senate and three from the House of Representa- 
tives, be appointed to investigate the necessity of aid- 
ing the Atlantic & Gulf Railroad in extending said 
road from Bainbridge to Mobile, and to report to this 
or the next session of the General Assembly, and have 
appointed, on the part of the Senate, Messrs. Bruton 
and Mcholls. 

A bill to allow an exemption from taxation in favor 
of certain maimed and disabled persons, and for other 
purposes, was read the third time. 

Mr. Wofford of Bartow moved to amend by adding 
a proviso, that the bill shall not apply to an}^ person 
whose taxable property is as much as three thousand 
dollars or over. 

Mr. Head moved to include in the provisions of the 
bill, all widows who are heads of families. 

The motion of Mr. Wofford prevailed, that of Mr- 
Head was lost, and bill as amended was then passed. 

A bill to levy and collect a tax from the owners of 
dogs in this State, and to prescribe a penalty in case 
of failure or neglect to give in and pay said tax, was 
read the third time. 

Mr. Hunter offered a substitute for the first section, 
which was agreed to. 

A motion to lay on the table was made by Mr. Sim- 
mons of Gwinnett, and withdrawn. 

Mr. Hunter moved to amend by providing that the 
bill should apply to the county of Brooks only 

Messrs. Glover, Hillyer and Alfred, moved to include 
the counties of Sumter, Camden and Pickens. 
28 



434 JOURNAL OF THE HOUSE. 

On motion of Mr. Pierce, the bill was recommitted 
to the Committee on Agriculture and Manufactures. 

The rules were suspended, and a Senate resolution 
to appoint a joint committee of two from the Senate 
and three from the House to investigate charges by the 
public press against a member of the General Assem- 
bly, was taken up and concurred in. 

The following gentlemen were appointed on said com- 
mittee, as members thereof, from the House: Messrs. 
Hoge, Bacon, and W D. Anderson. 

A Senate resolution ordering printed copies of the 
election bill to fill the unexpired term of R. B. Bul- 
lock, to be distributed to the Ordinaries, Clerks of the 
Superior Courts, and Justices of the Peace of this 
' State, was also taken up and concurred in. 

Mr. Wofford of Bartow offered a resolution that the 
Hon. BenjaminConley, exercising the Executive powers 
of the government, be informed that both houses of the 
General Assembly have passed resolutions to prolong 
the present session of the General Assembly to, and 
including Saturday, December 16, 1871, which was 
agreed to. 

On motion, the Clerk was instructed to inform the 
Senate of the adoption of said resolution. 

The following Senate bills were read the third time 
•and passed : 

A bill to incorporate the Hawkinsville & Eufaula 
Railroad Company - 

A bill to alter and amend section 649 of the Revised 
Code. 

Leave of absence was granted Messrs. Colby and 
Murphy of Harris, for a few days, on account of sick- 
ness, to Mr. Floyd, for one day, and to Mr. Clower, 
for the balance of the session. 

A Senate bill to create a county court in each county 



SATURDAY, DECEMBER 9, 1871. 435 

of tliis State, except such, counties as are therein ex- 
cepted, was taken up and read the third time. 

Pending action thereon, the House took a recess 
until 3 o'clock p. jr. 



Afteenook Session, 3 o' clock p. m. 
The House reassembled. 

The following message was received from the Senate, 
through Mr. Little, their Secretary pro tern : 

Mr, Speaker: 

The Senate has passed the following resolution, which 
I am directed to transmit forthwith, to-wit : 

A resolution appointing a joint committee to wait 
upon the Governor, and notify him of the action of the 
General Assembly in relation to the prolongation of 
the present session, and the President of the Senate 
has appointed Messrs. Kibbee and Brown on the part 
of the Senate. 

On motion, the rules were suspended, the foregoing 
resolution taken up and concurred in, and Messrs. 
Hall of Upson, Pou and Cumming appointed as such 
committee on the part of the House. 

The Senate bill to create a County Court in each 
county of this State, except such counties as are 
therein excepted, being the unfinished business of this 
morning, was resumed. 

Mr. Fain moved to amend by striking out of the 
first section the words "Murray," "Gordon" and 
"Whitfield," which counties had been excepted from 
the operation of the bill as passed by the Senate, so 



436 JOURNAL OF THE HOUSE. 

that the bill would apply and be of force in said coun- 
ties. 

The motion prevailed. 

Mr. Snead moved to amend by excepting the county 
of Richmond from the operation of the clause except- 
ing counties in which there are City Courts, which mo- 
tion prevailed. 

Mr. Rawls moved to amend by excluding from the 
operation of the bill the counties of Effingham, Mont- 
gomery, Emanuel and Clinch, which motion, after 
being amended by adding thereto, respectively, the 
counties of Charlton, Sumter, Telfair, Mitchell, Irwin,. 
Fayette, Colquitt, Worth, Gflascock, Fulton, Appling,. 
Taylor, Pike, Jefferson, Cobb, Bartow, Wilkinson,., 
Laurens, Pickens, Randolph, Tatnall, Paulding, 
Dawson, Lumpkin, White, DeKalb, Butts and Madi- 
son, prevailed. 

Mr. Lang offered, as an amendment, an additional 
section, which was agreed to, and the bill, as amended, 
was then read and passed. 

The following message was received from the Senate- 
through Mr. Little, the Secretary pro tern, thereof: 

Mr Speaker : 

The Senate has passed, over the veto of his Excel- 
lency the Governor, by a constitutional majority of 
yeas 2,">, nays 10, the following act, to-wit: 

An act to protect the people of this State against the 
illegal and fraudulent issue of bonds, and for other 
purposes. 

On motion, the rules were suspended, and the fore- 
going act was taken up. 

Mr. Scott moved to pass the same, notwithstanding 
the Executive veto. 

A constitutional majority of two-thirds being re- 
quired, the vote was taken by yeas and nays. 



SATURDAY, DECEMBER 9, 1871. 



437 



Tliose voting in the affirmative are Messrs — 



Anderson, Win. D., 

Anderson, Win. P., 

Bacon, 

Baker of Bryan, 

Ballanger, 

Barksdale, 

Barron, 

Beaseley, 

Berrien, 

Booth, 

Braddy, 

Brewton of Tatnall, 

Bryan, 

Bunn, 

Carlton, 

Cato, 

Ckancey, 

Chastain, 

Clark of Richmond, 

Clark of Troup, 

Cleghorn, 

Clements, 

Cloud, 

Cody, 

Collins, 

Converse, 

Crittenden, 

Cumming, 

Davis of Newton, 

Dell, 

Edwards, 

Emerson, 

Etheridge, 

Fain, 

Parmer, 

Plynt, 

Franklin, 



Glover, 

Goldsmith, 

Goodman, 

Graham, 

Gray, 

Griffin of Twiggs, 

Guerry, 

Hall of Meriwether, 

Hall of Upson, 

Hammond, 

Hancock, 

Head, 

Heidt, 

Hoge, 

Howell, 

Hooks, 

Hudson, 

Hughes, 

Hunter, 

Jackson, 

Jenkins, 

Johnson of Clay, 

Johnson of Spalding 

Jones of Hart, 

Kelly, 

Knowles, 

Lamkin, 

Lang, 

Lipsey, 

Mansfield, 

Martin, 

Mattox, 

McNeal, 

Meadows, 

Moreland, 

Morrison, 

Murphy of Burke, 



Netherland, 

Palmer, 

Patillo, 

Paulk, 

Paxton, 

Payne, 

Pentecost, 

Pierce, 

Pou, 

Rawls, 

Renfroe, 

Richards, 

Riley, 

Roundtree, 

Russell, 

Rutherford, 

Sargent, 

Scott, 

Sellers, 

Simmons of Gwinnett, 

Slaton, 

Smith of Oglethorpe, 

Snead, 

Spence,. 

Stovall, 

Summers, 

Summerlin, 

Tarver, 

Taylor, 

Trammell, 

Watters, 

West, 

Whatley, 

Wilson, 

Wood, 

Woodward. 

Wynn. 



Those voting in the negative are Messrs. 



Atkinson, 

Battle, 

Blue, 

Bruton of Decatur, 

Brown, 

Campbell, 

Clower, 



Dukes, 

Floyd, 

Griffin of Houston, 

Hillyer, 

Joiner, 

Oliver, 

O'Neal, 



Ormond, 

Putney, 

Richardson, 

Simmons of Houston, 

Smith of Coweta, 

Williams. 



Yeas, 117. Nays, 20. 



43S JOURNAL OF THE HOUSE. 

So the bill was passed, notwithstanding the Execu- 
tive veto, by the requisite constitutional majority 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, Secretary 
thereof, to-wit : 

Mr Speaker : 

His Excellency the Governor has approved and 
signed the following acts, to-wit : 

An act to provide for the levying and collecting a 
tax for the payment of bills for insolvent criminal costs 
due Benjamin L. Cole, late Sheriff of Chatham count)-, 
and William H. Bullock, late Clerk of the Superior 
Court of Chatham county. 

Also, an act to incorporate the Grand Bay Paper 
Manufacturing Company 

Also, an act to authorize the corporate authorities of 
the city of Dalton to issue bonds for educational pur- 
poses. 

Also, an act to authorize a counter- showing to a mo- 
tion for a continuance in the courts of this State. 

Also, an act to incorporate the town of Tilton, in 
Whitfield county, and to appoint Commissioners for 
the same, and for other purposes. 

Also, an act to be entitled an act to make it legal for 
Sheriffs, Coroners and other levying officers to seU 
certain kinds of personal property, without exposing 
the same before the court-house door at the time of 
sale. 

Also, an act to change the law of distributions, so 
far as effects the separate property of married women. 

Also, an act to authorize the Mayor and Council of 
the city of Cuthbert to issue bonds for educational 
purposes, and to assess and collect taxes to pay the 
same. 

Also, an act to authorize the Ordinary of Cobb 
county to issue and negotiate bonds, and provide for 
the redemption thereof by taxation, for the purpose of 



SATURDAY, DECEMBER 9, 1871. 439 

building and furnishing a court-house in the city of 
Marietta, in said county of Cobb, and for other pur- 
poses. 

Also, an act to authorize the town Council of the 
town of Calhoun to aid in the construction of the North 
Georgia & North Carolina Railroad. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr Speaker: 

His Excellency the Governor has approved and 
signed the following acts, to-wit : 

An act for the election and creation of a Board of 
County Commissioners for the county of Screven, de- 
fine their duties, and for other purposes. 

Also, an act to amend an act entitled an act to in- 
corporate the town of Clarksville, in the county of 
Habersham, to appoint commissioners for the same, 
and for other purposes, approved September 16, 1870. 

Also, an act to authorize the corporate authorities of 
the city of Dalton to purchase and donate to the Selma, 
Rome & Dalton Railroad Company, a site upon which 
to erect the machine shops of said company 

Also, an act to prevent the sale of spirituous liquor 
within one mile of the Clements Institute, of Mont- 
gomery county, and for other purposes. 

Also, an act to be entitled an act to authorize the Tax 
Collector of Madison county to receive certain jury 
certificates for services as jurors, rendered in said 
county, in payment of all taxes due said county, and 
for other purposes. 

Also, an act to amend an act assented to the 31st 
December, 1838, entitled an act to establish and incor- 
porate a Medical College, in the city of Savannah, and 
to explain an act assented to the 21st December, 1857, 
entitled an act to extend aid to the Savannah Medical 
College. 



440 JOURNAL OF THE HOUSE. 

Mr. Craig, Chairman of the Enrolling Committee, 
submitted the following report : 

Jfr. Spealcer : 

The Committee on Enrollment reports as duly en- 
rolled, and ready for the signature of the Speaker of 
the House of Representatives, the following bills, to- 
wit : 

A bill to amend the acts relative to fees of the Clerk 
of the Superior Court of Chatham county, and the 
Clerk of the City Court of Savannah, and for fees of 
the Sheriff of Chatham county, and Sheriff of the 
City Court, of Savannah, Georgia, unprovided for, and 
to point out the manner of collecting the same. 

Also, a bill to be entitled an act to authorize the Tax 
Collector of Madison county to receive certain jury 
certificates, for services as jurors rendered in said 
county, in payment of all taxes due said county, and 
for other purposes. 

Also, a bill to be entitled an act to make it legal for 
Sheriffs, Coroners and other levying officers, to sell 
certain kinds of personal property, without exposing 
the same before the court-house door at the time of 
sale. 

Also, a bill to be entitled an act to authorize a coun- 
ter showing to a motion for a continuance in the courts 
of this State. 

Also, a bill to change the law of distributions, so 
far as effects the separate property of married women. 

Also, a bill to authorize the Mayor and Council of 
the city of Cuthbert to issue bonds for educational 
purposes, and to assess and collect taxes to pay the 
same. 

Also, a bill to amend and alter and add to the sev- 
eral acts incorporating the town of Calhoun. 

Also, a bill to incorporate the Grand Bay Paper 
Manufacturing Company. 

Also, a bill to incorporate the town of Tilton, in 



SATURDAY, DECEMBER 9, 1871. 441 

Whitfield county, and to appoint commissioners for 
the same, and for other purposes. 

Also, a bill to amend an act to incorporate the New- 
nan & Americus Railroad Company, and for other 
-purposes. Assented to August 27, 1870. 

Also, a bill to change the line between the counties 
■of Carroll and Douglas, and to add a portion of the 
county of Douglas to the county of Carroll, and for 
other purposes therein mentioned. 

Also, a bill to be entitled an act to authorize the 
Ordinary of Randolph county to issue bonds of said 
county for the building of a new court-house, and for 
other purposes. 

Also, a bill to authorize the Ordinary of Cobb county 
to issue and negotiate bonds, and provide means for 
the redemption thereof, by taxation, for the purpose 
of building and furnishing a court-house in the city of 
Marietta, in said county of Cobb, and for other pur- 
poses. 

Also, a bill to amend an act for the better regulation 
aad government of the town of Sparta, in the county 
of Hancock, and the acts amendatory thereof, and for 
*other purposes. 

Also, a bill to provide for the levying and collecting 
a tax for the payment of bills for insolvent criminal 
costs due Benjamin L. Cole, late Sheriff of Chatham 
county, and William H. Bullock, late Clerk of the 
'Superior Court of Chatham county 

Also, a bill to prevent the sale of spirituous liquors 
within one mile of the Clements Institute, of Mont- 
gomery county, and for other purposes. 

Also, a bill for the election and creation a Board of 
County Commissioners for the county of Screven, de- 
fine their duties, and for other purposes. 

Also, a bill to incorporate the Atlantic, Fort Valley 
& Memphis Railroad Company, and for other purposes 
therin mentioned. 

Also, a bill to amend an act assented to the 31st De- 
cember, 1838, entitled an act to establish and incor- 



442 JOURNAL OF THE HOUSE. 

porate a Medical College in the eit}' of Savannah, and 
to explain an act assented to the 21st December, 1857, 
entitled an act to extend aid to the Savannah Medical 

College. 

Also, a bill to amend an act entitled an act to incor- 
porate the town of Clarksville, in the county of Haber- 
sham; to appoint commissioners for the same, and for 
other purposes, approved September 16, 1870. 

Also, a bill to alter and amend section 3895 of Irwin's 
Revised Code. 

Also, a bill to promote the propagation of shad fish 
in the Savannah River, and to impose a penalty for 
fishing for said fish in said river on Sunday and Mon- 
day 

Also, a bill to carry into effect article three, section 
six, paragraph live of the Constitution of the State of 
Georgia, to protect the interest of the State in extend- 
ing aid to railroads, and for other purposes. 

Also, a bill to amend an act entitled an act to alter 
and amend the several acts incorporating the city of 
Macon, approved December 27, 1847, and the several 
acts amendatory thereto, to grant additional powers to 
the Mayor and Council of the city of Macon, and for 
other purposes. 

H. L. W Craig, 
Chairman Enrolling Committee: 

The Senate resolution to appoint a joint committee 
of two from the Senate and three from the House to 
investigate and report upon extending the Atlantic & 
Gulf Railroad to Mobile, was taken up and concurred 
in. 

The following Senate bills were read the third time 
and passed : 

A bill to provide for the payment of insolvent costs 
to the county officers of Upson county, and for other 
purposes. 

A bill to incorporate the "Waynman & Franklin 
Manufacturing Company of Upson county 



MONDAY, DECEMBER 11, 1871. 



442 



Leave of absence was granted to Messrs. Reid, Lewis 
and Baker of Pike, until Monday next ; to Messrs. 
Field, Allred and Converse, for a few days, and to 
Messrs. Booth, and Paxton, for the balance of the ses- 
sion ; all said leaves to take effect and begin this day. 

On motion, the House adjourned until 10 o'clock a. 
m. on Monday next. 



Atlanta, Geoegia, 
Monday, December 11, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev. Mr. Heidt. 



The roll 


was 


called and the 


following members 


answered to their 


■ names : 




Anderson, "Win. 


D. 


Cloud, 


Hancock, 


Anderson, Wm. 


P. 


Clower, 


Head, 


Bacon, 




Cody, 


Heidt, 


Baker of Bryan, 




Collins, 


Hoge, 


Baker of Pike, 




Converse, 


Howell, 


Ballanger, 




Craig, 


Hooks, 


Barksdale, 




Crittenden, 


Hudson, 


Barron, 




Cuniming, 


Hughes, 


Battle, 




Davis of Newton, 


Hunter, 


Beaseley, 




Dell, 


Jackson, 


Berrien, 




Edwards, 


Jenkins, 


Bowie, 




Emerson, 


Johnson of Clay, 


Braddy, 




Etlieridge, 


Johnson of Spalding, 


Brewton of Tatnall, 


Farmer, 


Jones of Gwinnett, 


Bryan, 




Flynt, 


Jones of Hart, 


Bunn, 




Franklin, 


Jones of Terrell, 


Carlton, 




Glover, 


Kelly, 


Cato, 




Goldsmith, 


Knowles, 


Cliancey, 




Graham, 


Lamkin. 


Cliastain, 




Gray, 


Lang, 


Clark of Eichmond, 


Griffin of Twiggs, 


Lipsey, 


Clark of Troup, 




Guerry, 


Mansfield, 


Cleghorn, 




Hall of Upson, 


Martin, 


Clements, 




Hammond, 


Mattox, 



444 



JOURNAL OF THE HOUSE. 



McConnell, 


Rawls, 


Summers, 


McNcal, 


Reid, 


Summerlin, 


Meadows, 


Renfroe, 


Tarver, 


Moreland, 


Richards, 


Taylor, 


Momson, 


Riley, 


Trammell, 


Murphy of Burke, 


Russell, 


Watters, 


Netlierland, 


Rutherford, 


West, 


Nutting, 


Sargent, 


Whatley, 


O'Xeal, 


Scott, 


Williams, 


Palmer, 


Sellers, 


Wilson, 


Patillo, 


Simmons of Gwinnett, 


Wofford of Banks, 


Paulk, 


Simmons of Hall. 


Wofford of Bartow 


Peeples, 


Slaton, 


Wood, 


Pentecost, 


Smith of Oglethorpe, 


Woodward, 


Philips, 


Snead, 


Wynn, 


Pierce, 


Spence, 


Mr. Speaker. 


Pou, 


Stovall, 




Present, 121. 







The Journal of Saturday was read and approved. 

Mr. Phillips, chairman of the Committee on Priv- 
ileges and Elections, submitted the following report: 

Mr Speaker: 

The Committee on Privileges and Elections beg leave 
to report, in answer to a resolution adopted December 
9, 1S71, calling upon your committee to inform the 
House why we have not reported in the contested elec- 
tion case of Sumter county, between Dr. J R. Sim- 
mons, contestant, and Wright Brady, contestee, that 
we have not received any resolution or papers in re- 
gard to the case, and we are informed by the Clerk 
that none has been adopted by the House, or referred 
to your committee for their consideration. 

R. W Phillips, Chairman. 

The following message was received from the Senate 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has passed the following bill of the House 
of Representatives, with certain amendments, in which 
they ask the concurrence of the House of Representa- 
tives, to-wit: 



MONDAY, DECEMBER 11, 1871. 445 

A bill for raising a revenue, and to appropriate 
money for the use of the government, and to make 
certain appropriations, and for other purposes. 

The following members appeared, and asked leave to 
have their names marked "present," on the roll which 
had been previously called : 

Messrs. Atkinson, Blue, Bruton of Decatur, Brown, 
Campbell, Colby, Dukes, Floyd, Hillyer, Joiner, Oli- 
ver, Ormond, Putney, Richardson, Simmons of Hous- 
ton, and Smith of Coweta. 

Mr. Davis of Newton, Chairman of the Committee 
on Agriculture and Manufactures, is instructed to make 
the following report, to-wit : 

Mr. Speaker : 

The Committee on Agriculture and Manufactures, to* 
whom was recommitted a bill to be entitled an act to 
levy and collect a tax from the owners of dogs in this 
State, and to prescribe a penalty in case of failure or 
neglect to give in and pay said tax, have had the same 
under consideration, and a majority of the Committee 
offer the accompanying bill as substitute for the origi- 
nal bill and amendments thereto, and recommend that 
it do pass. 

Jonx B. Davis, Chairman. 

Mr. Bryan of Henry submitted the following minor- 
ity report : 

Mr Speaker: 

The Committee on Agriculture and Manufactures 
have had under consideration a bill to be entitled ah 
act to levy and collect a tax from the owners of dogs 
in this State, and to prescribe a penalty in case of fail- 
ure or neglect to give in and pay said tax, and a 
majority of the gentlemen composing said committee 
report back said bill with a favorable recommendation. 

A minority of said committee dissents, and think. 



446 JOURNAL OF THE HOUSE. 

that the passage of this bill would place the General 
Assembly before the country in the attitude of an un- 
constitutional Legislature. Article one, section twenty- 
seven of the Constitution provides that taxation on 
property shall be ad valorem only. It is presumed to 
be undeniable that dogs are property, and this bill 
seeks to impose a tax on the same without valuation. 
But it is said that a specific tax can be levied on dogs 
as on whisky and on other matters of taxation. The 
Constitution, in article six, section three, authorizes 
the General Assembly to 'assess a special tax only on 
shows* and exhibitions, and the sale of spirituous and 
malt liquors. Article one, section twenty-eight, au- 
thorizes the General Assembly to grant the power of 
taxation to county authorities and municipal corpora- 
tions, to be exercised within their several territorial 
limits. It may be that such power of taxation might 
be granted to [a] county [to] be exercised in some way 
to remedy the evils sought to be remedied by this bill, 
but it is questionable, even in such cases, whether the 
General Assembly can grant any power- under this act 
and section which is withheld from itself by other por- 
tions of the Constitution. As article six, section three 
grants to the General Assembly the authority to assess 
a special tax on shows, on exhibitions, and on the sale 
of spirituous and malt liquors, it is plain that said au- 
thority can extend no further than is herein expressly 
provided. We therefore recommend that the bill do 
not pass. 

Respectfully submitted. 

(Signed) George vV Bryax. 

A House bill for raising a revenue, and to appropri- 
ate money for the use of the government, and to make 
certain appropriations, and for other purposes therein 
mentioned, was taken up, and the Senate amendments 
thereto concurred in. 

The Speaker announced the following committee to 
report upon extending the Atlantic & Gulf Railroad 



MONDAY, DECEMBER 11, 1871. 447 

to Mobile: Messrs. Kelly of Chatham, Hunter of 
Brooks, Converse of Lowndes. 

Mr. Hoge offered a resolution declaring that this day 
was included in the constitutional term of forty days, 
because the last of said days fell on the Sabbath. 

The rules were suspended, and the resolution agreed 
to, and ordered to be transmitted to the Senate forth- 
with. 

Leave of absence was granted Mr. Battle for the bal- 
ance of the session, on account of sickness in his family. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof : 

Mr Speaker: 

The Senate has passed the following bill of the 
House, to-wit: 

A bill to be entitled an act to amend an act entitled 
an act to authorize the Mayor and Council of the city of 
Atlanta to provide for the introduction of water-works 
in said city, and for other purposes, approved Septem- 
ber 23, 1870, with an amendment, in which they ask 
the concurrence of the House. 

A Senate bill to provide for the farming out of the 
convicts of the Penitentiary, and for other purposes, 
was read the third time. 

Mr. Hall of Upson moved to amend by inserting after 
the word, "dollars," in the first section, the following 
words: "Except in cases where the term of service of 
any convict expires, or is pardoned, before a year, then 
a pro rata proportion of said twenty-five dollars for 
the time so rendered by said convicts." 

The motion prevailed. 

Mr. Bryan moved to amend the first section, by in- 
serting before the word, "years," the words, "less than 
one nor more than two," which motion prevailed. 

Mr. Hall of Upson moved to amend the sixth section 



448 JOURNAL OF THE HOUSE. 

by striking out the word "May," and inserting the- 
word, "February " 

Tlie motion prevailed. 

Mr. Dell moved to amend the same section by strik- 
ing out the words, "three months," and inserting the 
words, "twenty days." 

The motion prevailed, and the bill, as amended, was 
then passed. 

On motion of Mr. Heidt, the rules were suspended 
and a Senate bill to amend an act to grant to the Sa- 
vannah, Skidaway & Seaboard Railroad Company the 
right to construct a railway through Abercorn street,, 
was taken up. 

Mr. Heidt moved to amend by striking out the words, 
"Abercorn street," and everything in the bill relating 
to said street. 

The motion prevailed, and the bill, as thus amended, 
was passed. 

Mr. Bacon offered a resolution, instructing the chair- 
man of the Auditing, Committee to sign no certificate 
for the pay of any member for any day 1 s service not 
yet rendered, and directing the Treasurer not to pay 
on any such certificate the sum therein specified, until 
the expiration of the time certified to, which was agreed 
to. 

The following Senate bills were read the third time, 
and passed : 

A bill to create a new Judicial Circuit out of the 
counties composing the Southern, Macon and Middle 
Circuits, and for other purposes. 

A bill to change the line between the counties of 
Greene and Morgan. 

A bill to amend the law establishing the Police Court 
of the city of Savannah. 

A bill to extend the provisions of the eleventh sec- 
tion of an act, approved. February 22, 1850, in relation 
to Tax Collectors and Receivers of Chatham county, to 
the county of Fulton. 



MONDAY, DECEMBER 11, 1871. 449 

A bill to provide for sale of property in this State to 
secure loans and other debts. 

A bill to provide for the discharge of the duties of 
Ordinary of Chatham county under certain circum- 
stances therein mentioned. 

A bill to authorize the Ordinary of Cherokee county 
to issue bonds of said county for the purpose of build- 
ing a court-house. 

A bill to amend an act entitled an act to amend an 
act incorporating the Ocmulgee River Railroad Com- 
pany, and for other purposes. 

A bill to require the Ordinaries of the several coun- 
ties in this State, in issuing orders on the County Treas- 
urer, to specify out of that fund the same shall be paid. 

A bill to provide for the payment of the debt of 
Clarke county. 

A bill to incorporate the Flint River Manufacturing 
Company of Upson county. 

A bill to incorporate the Merchants' Mutual Insur- 
ance Company of Georgia. 

A bill to amend an act to incorporate the town of 
Hawkinsville, in the county of Pulaski. 

A bill to amend an act to prescribe the practice in 
cases of injunction and other extraordinary remedies 
in equity, and the manner of taking judgments there- 
on to the Supreme Court. 

A bill to allow plaintiffs in execution to recover 
damages in certain cases. 

A bill to repeal an act to amend an act, assented to 
August 27, 1870. 

A bill to amend an act, approved October 27, 1870, 
to open and construct a railroad from Athens, Georgia, 
via Clarkesville, in Habersham county, to some point 
on the Blue Ridge Railroad, near Clayton, by the 
most practicable route. 

A bill to carry into effect paragraph three, section 
five, article three of the Constitution of the State of 
Georgia. 
29 



450 JOURNAL OF THE HOUSE. 

A bill to amend section 61 of the Code, in relation to 
offering rewards for criminals. 

A bill to impose certain duties and confer certain 
powers upon the Ordinary of Union county 

A bill to amend an act to incorporate the Atlanta & 
Blue Ridge Railroad Company, and for other pur- 
poses. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has concurred in certain amendments of 
the House to a bill of the Senate to provide for farm- 
ing out the convicts of this State, and have disagreed 
to certain amendments of the House to the sixth sec- 
tion of said bill. 

Mr. Hoge moved that the House insist upon the 
amendments to which the Senate have disagreed, and 
the motion prevailed. 

The following Senate bills were read the third time 
and lost : 

A bill to make certified extracts from the books and 
records of railroad companies and chartered banks, 
evidence in certain cases. 

A bill to repeal and alter the punishment prescribed 
in certain sections of the Code. 

A bill to repeal an act to organize the District Court, 
and define its jurisdiction. 

A Senate memorial relative to a canal through Geor- 
gia, was read and concurred in. 

A Senate bill to organize a Land Grant Board of 
Commissioners for the State of Georgia, and for other 
purposes, was read the first time. 

Mr. Brown offered a resolution in relation to the 
moving of the United States Flag from the Capitol 
building, which was unanimously agreed to : commit- 



MONDAY, DECEMBER 11, 1871. 451 

tee appointed thereunder, are Messrs. Brown, Atkin- 
son, and Bine. 

A Senate resolution requesting Congress to reim- 
burse the city of Savannah, for certain expenditures, 
was read and concurred in. 

A Senate bill for the relief of Ziba King, was read 
the third time and laid on the table. 

A Senate bill to amend the attachment laws of this 
State, was read the third time, recommitted and refer- 
red to the Committee on the Judiciary 

A Senate bill to merge the jurisdiction of courts of 
law and equity in this State, was read the third time, 
and recommitted to the Committee on the Judiciary. 



Aetebnook Session", 3 o'clock p. m. 
The House reassembled. 

A bill relating to fences and for the protection of 
crops, was read the third time. 

Mr. Berrien moved to amend by providing that this 
bill shall apply to and be of force in the county of 
Burke only 

Mr. Berrien moved to amend the fifth section by 
providing that the election therein provided for shall 
be held on the third Tuesday in May next. 

Both amendments were agreed to respectively, and 
the bill as thus amended was passed. 

Mr. Jackson offered a resolution that no further 
leave of absence be granted, except for providential 
cause, which agreed to. 

The following Senate bills were read the third time 
and passed : 

A bill to authorize the Ordinary of Rockdale county 



452 JOURNAL OF THE HOUSE. 

to levy an extra tax and issue bonds for the purpose of 
building a court-house. 

A bill to amend section 1052 of the Revised Code. 

A bill to provide the mode of adjudicating the rights 
of parties under the seventh article of the Constitution. 

A bill to provide for taking bonds of public officers 
and qualifying them. 

A bill to repeal section 812 of Irwin' s Code, and to 
prescribe the mode of taxing shares in banks or other 
corporations. 

A bill to amend the charter of the Atlanta & Roswell 
Railroad Company 

A bill to amend sections nine and ten of an act to 
carry into effect the second clause of the thirteenth 
section of the fifth article of the Constitution. 

A bill to incorporate the LaGrange & Barnesville 
Railroad Company 

A bill to change the time of holding the fall term of 
Lee Superior Court. 

A bill to amend section 4251 of the Code. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 
The Senate has passed the following bills, to-wit: 

A bill to be entitled an act to make the employment 
of any servant whatever during his or her term of ser- 
vice illegal, and declare the same a misdemeanor. 

A bill to be entitled an act to incorporate the Griffin 
& Columbus Railroad Company, and for other pur- 
poses. 

Also, a bill to be entitled an act to incorporate the 
Atlanta & Dahlonega Narrow- Guage, Railway Com- 
pany 

Also, a bill to be entitled an act to alter and amend 
section 3052 of Irwin's Revised Code. 

Also, a bill to be entitled an act to incorporate an 



MONDAY, DECEMBER 11, 1871. 453 

insurance company in the city of Atlanta, to be called 
the Georgia Reliable Insurance Company - 

Also, a bill to be entitled an act to repeal an act in- 
corporating the town of Gainesville, under the name 
and style of the city of Gainesville, approved October 
27, 187Q, and to incorporate said town, and for other 
purposes. 

Also, a bill to be entitled an act to authorize execu- 
tors, administrators and agents to foreclose liens, etc. 

Also, the following House bills, to-wit : 

A bill to amend an act to incorporate the proprietors 
of the Augusta Canal, and to confirm certain ordinances 
of the City Council of Augusta, therein mentioned, 
and to punish those who may' injure their property, 
approved December 27, 1845, and to extend the pro- 
visions of said act, and to confirm certain ordinances 
of the City Council of Augusta, relating to said canal. 

Also, a bill to allow maimed, indigent and blind 
persons to peddle in this State without license. 

Also, a bill to amend the usury laws of this State. 

Also, a bill to require Justices of the Peace and No- 
taries Public ex-oflicio Justice of the Peace, to keep 
dockets, and to exhibit them to the grand juries of 
their respective counties. 

Also, a bill to secure to educational purposes the 
fund now due to the Department of Education, to fund 
the same, and for other purposes. 

Also, a bill to alter and change the time of holding 
the Superior Courts in the counties of the Middle Cir- 
cuit of this State. 

Also, a bill to amend the several sections of Irwin's 
Revised Code from 2716 to 2730, with an amendment, 
in which they ask the concurrence of the House of 
Representatives. 

The Senate has also passed the following bill of the 
House of Representatives by a constitutional majority 
of yeas 27, nays none, to-wit : 

A bill to incorporate the Exchange Bank of Macon. 



454 JOURNAL OF THE HOUSE. 

Tlie Senate insists on its disagreement to the amend- 
ments of the House of Representatives to the sixth 
section of a bill to farm out the convicts of the Peni- 
tentiary, and for other purposes. 

Mr. Hall of Upson moved that the House of Repre- 
sentatives adhere to its amendments to the bill above 
mentioned, and that a committee of conference be asked 
of the Senate. 

The motion prevailed, and, on motion of Mr. Hall 
of Upson, the folio-Rang gentlemen were appointed as 
such committee on the part of the House : Messrs Hall 
of Upson, W D. Anderson, and Bryan. 

The following report was submitted : 

The committee appointed to inquire into the cause 
or causes why the Federal flag waving over the capitol 
had been taken down, report that the Governor ordered 
the same to be done, because the Legislature is not 

legally in session. 

J. Bkow]n t , Cliairman, 
A. T. Atkixsox, 
James Blue. 

The following message was received from the Senate 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has agreed to appoint a committee of 
conference on the bill of the Senate to farm out the 
convicts of this State, and has appointed as such com- 
mittee, on the part of the Senate, Messrs. Kibbee and 
Candler. 

A bill to incorporate the Mechanics' & Traders' 
Bank of Georgia was read the third time. 

The amendment thereto recommended by the Com- 
mittee on Banks, to-wit: strike out all of the eighth 
section after the word "liable," in the seventeenth line, 
and insert in lieu of the portion stricken out, the fob 



MONDAY, DECEMBER 11, 1871. 



455 



lowing words^: "for the -ultimate payment of the lia- 
bilities of said, bank in proportion to the number of 
shares held by such stockholders," was agreed to, and 
the bill, as amended, put upon it passage. 

A constitutional majority of two-thirds being re- 
quired, the vote was taken by yeas and nays. 

Those voting in the affirmative are Messrs. — 



Anderson, Win. P., 


Gray, 


Palmer, 


Baker of Pike, 


Griffin of Twiggs, 


Patillo, 


Barksdale, 


Guerry, 


Paulk, 


Barron, 


Hall of Meriwether, 


Payne, 


Beaseley, 


Hammond, 


Pierce, 


Berrien, 


Hancock, 


Pou, 


Bowie, 


Head, 


Reid, 


Braddy, 


Heidt, 


Renfroe, 


Brewton of Tatnall, 


Howell, 


Richards, 


Bruton of Decatur, 


Hooks, 


Riley, 


Bryan, 


Hudson, 


Russell, 


Bunn, 


Hughes, 


Sargent, 


Cato, 


Hunter, 


Scott, 


Chastain, 


Jackson, 


Sellers, 


Clark of Richmond, 


Jenkins, 


Simmons of Gwinnett 


Clark of Troup, 


Johnson of Spalding, 


Simmons of Hall, 


Cleghorn, 


Jones of Gw T innett, 


Snead, 


Clements, 


Jones of Hart, 


Spence, 


Cloud, 


Jones of Terrell, 


Summers, 


Cody, 


Kelly, 


Summerlin, 


Collins, 


Kennedy, 


Tarver, 


Converse, 


Knowles, 


Taylor, 


Crittenden, 


Lamkin, 


Trammell, 


Cununing, 


Lang, 


Waiters, 


Dell, 


Mansfield, 


West, 


Edwards, 


Martin, 


Whatley, 


Etheridge, 


Mattox, 


Williams, 


Parmer, 


McConnell, 


Wilson, 


Ployd, 


McNeal, 


Wofford of Banks, 


Pranklin, 


Meadows, 


Wofford of Bartow, 


Glover, 


Morrison, 


Wood. 


Goldsmith, 


Murphy of Burke, 


Woodward. 


Goodman, 


Netherland, 


Wynn. 


Graham, 


Nutting, 





Those voting in the negative are Messrs. — 

None. 
Yeas, 98. Nays, 0. 



456 JOURNAL OF THE HOUSE. 

So the bill was passed by the requisite constitutional 
majority 

The following report was submitted by the joint 
committee of conference, appointed to consider a bill 
to provide for the farming out of the convicts of the 
Penitentiary, and for other purposes : 

The committee of conference, appointed by the Sen- 
ate and House of Representatives, to consider a bill 
to be entitled an act to provide for the farming out of 
the convicts of the Penitentiary of this State, and for 
other purposes, and to report upon the disagreement 
between the two Houses, as to certain amendments to 
the sixth section of said bill, beg leave to report that 
they have had the same under consideration, and rec- 
ommend that, whenever the word "May" occurs in 
said section, the same be stricken out, and the word 
' ' April' ' be substituted, and the words, ' ' three month' s 
notice," be stricken out, and the words, "thirty days" 
substituted therefor. 

C. C. Kibbee, 
M. A. Candler, 

Senate Committee. 
J I. Hall of Upson, 
W D. Anderson, 
G. W Bryan, 

House Committee. 

On motion of Mr. Hall of Upson, the report was 
adopted. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

3Ir Speaker: 

The Senate has passed the following bills of the 
House of Representatives, to-wit : 

A bill to alter and amend an act to fix the compen- 
sation for taking down in writing the evidence on 
charges of felony. 



MONDAY, DECEMBER 11, 1871. 457 

Also, a bill, to amend the charter of the city of At- 
lanta, providing for the election of Recorder and 
Auditor. 

Also, a bill to repeal section 121 of Irwin' s Revised 
€ode. 

Also, a bill to legalize the revision of the jury boxes, 
and for other purposes. 

Also, a bill to repeal an act to amend section 3151, 
part two, title nine,- chapter fourteen of the Revised 
.Code. 

Also, a bill to change the time of holding the Supe- 
rior Courts of Richmond county - 

Also, a bill to establish a permanent Board of Edu- 
cation and Orphanage for the county of Bibb, and for 
other purposes. 

Also, a bill to establish a city court for the city of 
Atlanta. 

Also, a bill to amend the road laws of this State, so 
tar as relates to the counties of Bibb and Houston. 

On motion of Mr. Gray, a bill to exempt land used 
for agricultural purposes within the corporate limits 
of a town, city or village from taxation, was taken from 
the table. 

Mr. Gray moved to amend, by inserting the words, 
"the town of Adairsville," so as to make the bill apply 
and be of force in said town only. The motion pre- 
vailed, and the bill, as thus amended, was read and 
passed. 

The following Senate bills were read the third time 
and indefinitely postponed : 

A bill to repeal section 121 of the Code. 
A bill for the apportionment of members of the House 
■of Representatives. 

Mr. Hunter gave notice of a motion to reconsider a 
Senate bill to compensate jurors in Decatur county, 
was read the third time and laid on the table. 



458 JOURNAL OF THE HOUSE. 

A Senate bill to amend section 4420 of the Code, was 

t 

read the third time and referred to the Committee on 
the Judiciary 

Leave of absence was granted Mr. Carlton, for the 
balance of the session, on account of sickness in his 
family. 

The House took a recess until 7 o'clock p. m. 



Night Session, 7 o'clock p. m. 

The House reassembled. 

Mr. Snead offered a resolution in relation to the 
mileage of Mr. Hillyer, member from the county of 
Camden. 

The rules were suspended, and the resolution was 
agreed to. 

The following were appointed committee under the 
same : Messrs. Snead, Bacon and Jackson. 

Mr. Craig offered a resolution for the appointment 
of a committee of three to bring up the unfinished busi- 
ness of this House. Agreed to, and the following com- 
mittee appointed : Messrs. Craig, Johnson of Clay, and 
Cleghorn. 

The Speaker announced the following committee 
from this House, under the act to protect the people 
of this State from the illegal and fraudulent issue of 
bonds, and for other purposes : Messrs. McMillan and 
Hall of Upson. 

Leave of absence was granted Mr. Beaseley, for the 
balance of the session, for providential cause. 

The following message was received from the Senate 
through Mr. Hill, the Secretary thereof: 

Mr, speaker ; 

The Senate has passed the following bills of the 
House of Representatives, to-wit : 



MONDAY, DECEMBER 11, 1871. 459 

A bill to change the line between the counties of 
Warren and McDuffie, and for other purposes. 

Also, a bill to amend the charter of the town of Ac- 
worth, in the county of Cobb. 

Also, a bill more eifectually to protect religious 
worship in the State of Georgia. 

Also, a bill to exempt from jury duty all regular 
licensed physicians who are actually engaged in the 
practice of their professions. 

Also, a bill to incorporate the Mutual Protection In- 
surance Company of Georgia. 

The following report was submitted : 

Mr. Speaker : 

The joint committee under a resolution of the two 
Houses to investigate charges made in the public prints 
that a member of the General Assembly had received 
a fee of $500, to influence his action on a matter pending 
before it, beg leave to report : 

That they have given the matter a thorough investi- 
gation, and find that the story evidently orignated in a 
mistake, and that the transaction to which the rumor 
evidently referred was entirely innocent, and the mem- 
ber involved free from blame. There was a check 
passed to a member for $500, but it was in part pay- 
ment for a lot of land sold by the member to the party 
paying him the check, and had no connection what- 
ever with any measure pending before the Legislature, 
and the person buying the land is not and has not been,, 
either remotely or directly, concerned in any legislation 
pending or contemplated before either body, and hav- 
ing fully discharged their duty, your committee ask to 

be discharged. 

T. J. Simmons, 

Geo. Hillyee, 
E. F Hoge, 
W D. Andeesojst,. 
A. O. Bacon. 



460 JOURNAL OF THE HOUSE. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has concurred in a resolution of the 
House of Representatives relative to the adjournment 
of the General Assembly, and I am directed to trans- 
mit the same forthwith to the House. 

A Senate bill to repeal an act to provide for an elec- 
tion, and to alter and amend the laws relating to hold- 
ing elections, was read the third time and lost. 

A Senate bill to amend the laws of this State re- 
lating to lidbeas corpus, was read the third time. 

Mr. Graham moved to amend by striking out the 
word "capital" where it occurs before the word 
"felonies." 

The motion prevailed, and the bill as thus amended, 
was passed. 

Mr. Dell gave notice of a motion to reconsider the 
passage of this bill to-morrow. 

A House bill to alter and amend the several sections 
of Irwin's Revised Code from section 2716 to 2730, 
both inclusive, was taken up, and the Senate amend- 
ments thereto concurred in. 

A Senate bill to amend an act to authorize the Ordi- 
nary of Lumpkin county to issue bonds, was read the 
third time and laid on the table.- 

The following message was received from the Senate 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has passed the following bills of the 
House of Representatives, to-wit : 

A bill to alter and amend the several acts incorpor- 
ating the town of Sanders ville. 

Also, a bill to consolidate the railroad companies, 
known as the Chattanooga Coal & Iron Railroad and 
the Iron Railway Companies. 



MONDAY, DECEMBER 11, 1871. 461 

Also, a bill to authorize Sheriffs and other levying 
officers of Miller county to collect advertising fees and 
cost, and for other purposes. 

Also, a bill to authorize the Mayor and City Council 
of LaGrrange to issue bonds to aid in building rail- 
roads, and for other purposes. 

The following message was received from the Exec- 
utive Department, through Mr. Atkinson, Secretary 
thereof, to-wit: 

Mr Speaker : 

His Excellency the Governor has approved and 
signed the following acts, to-wit : 

An act to alter and amend section 3895 of Irwin' s 
Revised Code. 

Also, an act to alter and amend an act entitled an 
act to amend and alter the charter of the city of Co- 
lumbus. Approved March 8, 1866. 

Also, an act to incorporate the Macon & Knoxville 
Railroad Company, and for other purposes therein 
named. 

Also, an act to incorporate the Commercial Bank of 
Albany 

Also, an act to carry into effect article three, section 
six, paragraph five, of the Constitution of the State of 
Georgia, to protect the interest of the State in extend- 
ing aid to railroads, and for other purposes. 

Also, an act to establish a Board of Commissioners 
of Roads and Revenue for the county of Habersham, 
to define their duties, and for other purposes therein 
named. 

Also, an act to be entitled an act to authorize the 
Ordinary of the county of Randolph to issue county 
bonds, in the sum of not more than $20,000, for the 
building of a new court-house, and for other purposes. 

Also, an act to incorporate the LaGrrange Banking 
& Trust Company. 

Also, an act to amend the acts relative to fees of the 



462 JOURNAL OF THE HOUSE. 

relative to fees of the Clerk of the Superior Court of 
Chatham county, and the Clerk of the City Court of 
Savannah, Georgia, and for fees of the Sheriff of Chat- 
ham county, and Sheriff of the City Court of Savannah, 
Georgia, unprovided for, and to point out the manner 
of collecting the same. 

The following Senate bills were read the third time 
and indefinitely postponed : 

A bill to amend an act, assented to December 18, 
1838, to incorporate a medical college in the city of 
Savannah. 

A bill to make it a penal offense for any person re- 
tailing spirituous liquors in this State to sell or furnish 
any such liquors to any minor without the written con- 
sent of the parent or guardian of such minor. 

Mr. Gray gave notice that he would move a recon- 
sideration of the indefinite postponement of the last 
mentioned bill to-morrow. 

The following Senate bills were also read the third 
time and indefinitely postponed : 

A bill to secure counsel fees in certain cases. 

A bill to authorize married women to sue for and 
recover damages from any person selling their hus- 
bands liquor while intoxicated. 

On motion, the session was extended until 10 o'clock 
p. M. 

The following Senate bills were read the third time 
and lost : 

A bill to make slander a criminal offense. 

A bill to amend section 3646 of Irwin' s Revised Code. 

A bill to prescribe the manner of incorporating doc- 
umentary evidence in bills of exceptions. 



MONDAY, DECEMBER 11, 1871. 463 

The following House bills were withdrawn by Mr. 
Nutting, the author thereof: 

A bill to incorporate the Central Insurance Compa- 
ny of Georgia. 

A bill to incorporate the Nutting Cotton Manufac- 
turing Company. 

The following Senate bills were read the third time 
and laid on the table : 

A bill to amend an act to fix and define the fees of 
Ordinaries and Clerks of the Superior Courts in appli- 
cations for setting apart a homestead. 

A bill to amend an act to extend the lien of set off 
and recoupment, as against debts contracted before the 
first day of June, 1865, and for other purposes. 

A bill to more effectually punish certain unlawful 
acts of violence. 

The following message was received from the Execu- 
tive Department, through Mr. Atkinson, the Secretary 
thereof, to-wit: 



x j 



Mr. Speaker : 

His Excellency the Governor has approved and 
signed the following acts, to-wit : 

An act to amend the usury laws of this State. 

Also, an act to amend an act entitled an act to alter 
and amend the several acts incorporating the city of 
Macon, approved December 27, 1847, and the several 
acts amendatory thereto, to grant additional powers to 
the Mayor and Council, and for other purposes. 

Also, a resolution declaring the meaning of section 
fourth, paragraph eighth of the Code of Georgia. 

The following Senate bills were read the third time 
and passed : 

A bill to change the time of holding the Superior 
Courts in the county of Jasper. 



464 JOURNAL OF THE HOUSE. 

A bill to prescribe for suits against joint obligors in 
the City Court of Savannah. 

A bill to create a Board of Roads and Revenue in 
the county of Dawson. 

A bill to incorporate the town of Eastman, and to 
repeal all previous acts incorporating the same. 

A bill to assist the Georgia Infirmary. 

A bill to compensate Ordinaries, Sheriffs and Clerks 
of the Superior Courts for certain services. 

A bill to repeal an act to preserve the peace and. 
harmony of this State. 

A bill to make it penal to withhold money or per- 
sonal property belonging to the State of Georgia. 

A bill to secure the several counties of the State of 
Georgia from costs. 

A bill to change the line between the counties of 
Coweta and Troup. 

A bill to provide for a County Board of Commis- 
sioners for Decatur county 

A bill for the relief of Ziba King. 

A bill to amend the attachment laws of the State of 
Georgia. 

A bill to authorize the Ordinary of Pulaski county 
to issue bonds to build a court-house. 

A bill to amend the charter of the Gate City Insur- 
ance Company of Atlanta, Georgia, and to change its 
name. 

A bill to amend an act incorporating the town of 
Boston in Thomas county 

A bill to limit the time of service of petit jurors in 
the Superior Courts of Chatham county. 

A bill to make penal the selling of personal property 
which has been mortgaged as a security for the pay- 
ment of debt, and to provide for the punishment of the 
same. 

A bill to provide for the taking of testimony by 
written deposition in cases not now allowed by law. 

A bill to authorize the local authorities of Chatham 



MONDAY, DECEMBER 11, 1871. 465 

county to change or abolish the road leading from the- 
Isle of Hope to the main road on Skidaway Island. 

A bill to require the Judges of the Superior Courts 
of this State to give in special charge to the grand 
juries, section 1436 of the Code. 

A bill to require the several Judges of this State to 
give specially in charge to the grand juries, sections 
4489, 4490 and 4491 of the Code. 

A bill to regulate the practice of the courts before 
juries, in certain particulars. 

A bill to repeal the act of 1831, requiring' Justices of" 
the Peace to act as Road Commissioners in the county 
of Pulaski, and for other purposes. 

A bill to abolish the offices of the Western & Atlantic 
Railroad. 

A bill to legalize the subscription of the town of 
Madison to the Griffin, Monticello & Madison Railroad 
Company. 

A bill to amend an act to incorporate the Wilming- 
ton Railroad Company. 

A bill to execute the fifteenth section of article one 
of the Constitution. 

A bill to incorporate the town of Luthersville, in 
Meriwether county . 

A bill to authorize the appointment of an auditor, in 
cases of law and equity involving account. 

A bill to legalize the subscription of Indian Springs 
to the Griffin, Monticello & Madison Railroad Company. 

A bill to relieve joint debtors by judgment. 

A bill to amend an act to incorporate the Evergreen 
Cemetery of Bonaventure. 

A bill to provide the time of holding the Superior 
Courts of the Eastern Circuit. 

A bill to amend the third section of an act providing 
for the setting apart of a homestead. 

A bill to alter, change and amend an act to incor- 
porate the town of Decatur. 

A bill to require Clerks of the Superior Courts to 
30 



466 JOURNAL OF THE HOUSE. 

provide blanks, with printed instructions for taking 
interrogatories. 

A bill to enforce article five, section twelve, paragraph 
two of the Constitution of 1868. 

A bill to incorporate the town of Doraville, in the 
county of DeKalb. 

A bill to provide a remedy by which money or prop- 
erty stolen or fraudulently or unlawfully converted or 
detained from the State, or the Western & Atlantic 
Railroad, may be recovered, and for other purposes. 

A bill to alter and amend section 4779 of the Revised 
Code. 

A bill to provide for the mode of filling vacancies in 
the office of Ordinary, which may now or hereafter 
exist in the several counties of this State. 

A House bill to change the line between the counties 
of Wilkes and Taliaferro, was read the third time and 
passed. 

The following Senate resolutions were taken up, read 
and concurred in : 

A resolution in relation to the removal of the State 
Library 

A resolution in relation to the financial condition of 
this State. 

A resolution relating to a settlement of the late 
Treasurer, John Jones, with the present Treasurer. 

The following" Senate resolutions were indefinitely 
postponed : 

A resolution in relation to the Finance Committee of 
the two Houses. 

A resolution in relation to the adjournment of the 
General Assembly. 

A resolution in relation to fence laws. 

A resolution rescinding a resolution of 1870. 

A resolution instructing the Finance Committees of 
the two houses to report a certain bill. 



MONDAY, DECEMBER 11, 1871. 467 

The following House bills, were read the third time 
and passed : 

A bill to reduce the Sheriff's bond of Heard county 

A bill to compel non-residents of the county of 
Worth, who own, herd or pasture sheep in said county, 
to pay the ad valortcm tax thereon to the Tax Collec- 
tor of Worth. 

A bill to authorize William J. Taylor, of the county 
of Heard, to practice medicine so far as relates to can- 
cerous tumors, and to charge for the same. 

A bill to amend an act to incorporate the town of 
Blakely. 

A bill to incorporate the Dalton & Southwestern 
Railroad Company 

A bill to incorporate the city of Dawson, in Terrell 
county. 

A bill to create a Board of Commissioners of Roads 
and Revenue, in the county of Glynn. 

A bill to change the time of holding the Superior 
Courts of Muscogee county 

A bill to authorize Nicholas J. Fogarty, of the county 
of Muscogee, to practice medicine, and to charge for 
the same. 

A bill to provide for and enforce a registration of 
voters in the county of Chatham. 

A bill to provide the mode of payment of costs in 
criminal cases to Magistrates and Constables of Rich- 
mond county. 

On motion, the session was extended until 12 o'clock 
P. M. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has passed the following bills of the 
House of Representatives, to-wit : 

A bill to authorize Tax Collectors of Banks county 
to receive jury certificates for county tax. 



468 JOURNAL OF THE HOUSE. 

Also, a bill to change the time of holding the Supe- 
rior Courts of the Macon Circuit. 

Also, a bill to change the time of holding the Supe- 
rior Courts of the county of Gordon. 

Also, a bill to amend an act to incorporate the Look- 
out Mountain Railroad Company, and for other pur- 
poses. 

The following: message was received from the Execu- 

O C- 1 

tive Department through Mr. Atkinson, the Secretary 
thereof, to-wit: 

Mr Speaker: 

His Excellency the Governor has approved and. 
signed the following act, to-wit : 

An act to consolidate the railroad companies, known 
as the Chattooga Coal & Iron Railroad and the Trion 
Railway Companies, and for other purposes. 

The following message was received from the Senate 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has agreed to the following resolution, 
in which they ask the concurrence of the House of 
Representative, and I am directed to transmit the same 
forthwith to the House : 

A resolution expressing an opinion of the General 
Assembly as to the proper construction to be given 
that portion of the Constitution of the State relative 
to extending the session of the General Assembly 

The resolution was taken irp, and Mr. Hoge offered 
a substitute, which was agreed to, and ordered to be 
transmitted to the Senate forthwith. 

The following House bills were read the third time 
and lost : 

A bill to relieve maimed persons from taxation and 
jury duty 



MONDAY, DECEMBER 11, 1871. 469 

A bill giving the several Ordinaries of this State 
power to appoint commissioners of public roads. 

A bill to prescribe the manner of enforcing attorneys' 
liens. 

A bill to provide for levying a tax for the payment 
of insolvent criminal costs in the county of Lee. 

A bill to amend the road laws so far as relates to the 
county of Worth. 

A bill to authorize the Governor to order an election 
in Sumter county - 

A bill to entitle F W Dawes to practice medicine. 

A bill to increase the pay of jurors in Fannin county. 
"_* A bill to provide by law for the division of home- 
steads in this State. 

A bill to amend the road laws of this State. 

A bill for the relief of James H. Winn. 

A bill to regulate State aid when applied to narrow- 
gauge railroads. 

A bill to prevent the felling of timber in the Conna- 
sauga river. 

A bill to authorize Ordinaries to appoint Constables 
in certain cases. 

A bill for the relief of F M. Lofton. 

A bill to amend the laws of this State in relation to 
fences. 

A bill to authorize Douglas county to take stock in 
the Georgia Western Railroad. 

A bill to make it the duty of Tax Collectors to col- 
lect agricultural statistics. 

A bill to compel owners of wild and unimproved 
lands to register the same in the county where they lie. 

A bill to enforce article three, section six, paragraph 
five, of the Constitution of this State. 

A bill to prescribe who shall be jurors, in the county 
of Monroe. 

A bill to incorporate the town of Butler. 

The following House bill was read the third time 
and indefinitely postponed : 



470 JOURNAL OF THE HOUSE. 

A bill to protect the people of Georgia from the pay- 
ment of either interest or principal on certain bonds. 

The following House bills were read the third time 
and laid on the table : 

A bill to incorporate the People' s Savings Bank, of 
ISTewnan. 

A bill to incorporate the Oglethorpe Fertilizer Man- 
ufacturing Company 

A bill to protect the people of this State against dis- 
crimination in the transportation of freight and pas- 
sengers, and for other purposes, was read the third 
time, recommitted and referred to the Committee on 
the Judiciary . 

A House bill for the relief of Catharine S. TV Flem- 
ing was withdrawn. 

A House bill to repeal an act to incorporate the town 
of DeSoto, in the county of Floyd, and all amendatory 
acts thereto, and to incorporate the same denovo, was 
read the third time, and passed, as amended by the 
report of the Committee on Corporations. 

Mr. Craig, chairman of the Enrolling Committee, 
submitted the following report : 

Mr Speaker: 

The Committee on Enrollment report as duly en- 
rolled and ready for the signature of the Speaker of 
the House of Representatives, the following bills, to- 
wit : 

A bill to establish a Board of Commissioners of 
Roads and Revenue for the county of Habersham ; to 
define their duties, and for other purposes therein 
named. 

Also, a bill to incorporate the Commercial Bank of 
Albany 

Also, a bill for raising a revenue and appropriating 
money for the use of the government, and to make 



MONDAY, DECEMBER 11, 1871. 471 

certain appropriations, and for other purposes herein 
mentioned. 

Also, a bill to be entitled an act to alter and amend 
the road laws of this State, so far as relates to the 
counties of Bibb and Houston, and to authorize and 
require the Ordinaries of said counties to levy and col- 
lect a tax for road purposes. 

Also, a bill to amend an act entitled an act to incor- 
porate the Lookout Mountain Railroad Company, and 
to extend the aid of the State to the same, and for 
other purposes. 

Also, a bill to be entitled an act to change the time 
of holding the Superior Courts of the county of Gor- 
don. 

Also, a bill to amend the usury laws of this State. 

Also, a bill to incorporate the LaGrange Banking & 
Trust Company 

Also, a bill to allow maimed, indigent and blind to 
peddle in this State without license. 

Also, a bill to amend an act to authorize the Mayor 
and Council of the city of Atlanta to provide for the 
introduction of water-works in said city, and for other 
purposes, approved September 23, 1870. 

Also, a bill to change the line between the counties 
of Warren and McDuffie. 

Also, a bill to be entitled an act to require Justices 
of the Peace and Notaries Public ex officio Justices of 
the Peace to keep dockets, and to exhibit them to the 
grand juries of their respective counties. 

Also, a bill to be entitled an act to alter and change 
the time of holding the Superior Courts in the counties 
of the Middle Circuit of this State. 

Also, a bill to be entitled an act to secure to educa- 
tional purposes the fund now due to the Department 
of Education, to fund the same, and for other purposes. 

Also, a bill to be entitled an act to amend the char- 
ter of the city of Atlanta, by prescribing for the elec- 
tion of a Recorder and Auditor, and to prescribe their 
duties. 



472 JOURNAL OF THE HOUSE. 

Also, a bill to be entitled an act to establish a per- 
manent Board of Education and Orphanage for the 
county of Bibb, and to incorporate the same, and to 
define its duties and powers, and for other purposes. 

Also, a bill to be entitled an act to repeal section 121 
of Irwin's Revised Code, and for other purposes. 

Also, a bill to be entitled an act to change the time 
of holding the Superior Court of Richmond county. 

Also, a bill to be entitled an act to alter and amend 
an act entitled an act to fix the compensation for taking 
down in writing, the evidence on charges of felony, 
approved October 10, 1868. 

Also, a bill to be entitled an act to incorporate the 
Exchange Bank of Macon. 

Also, a bill to be entitled an act to exempt from jury 
duty, all regular licensed physicians, who are actually 
engaged in the practice of their profession. 

Also, a bill to be entitled an act more effectually to 
protect religious worship in the State of Georgia. 

Also, a bill to be entitled an act to amend the char- 
ter of the town of Acworth, in the county of Cobb. 

*.lso, a bill to be entitled an act to alter and amend 
several sections of Irwin's Revised Code, from sec- 
tion 2716 to section 2730, both inclusive, which relate 
to court contracts, the manner of executing, filing, 
construing, enforcing and rescinding the same, and 
awarding damages for breaches thereof, and to provide 
a speedy and effectual method of carrying out the 
spirit and intent of the laws to such contract. 

Also, a bill to be entitled an act to authorize Tax 
Collectors of Banks county to receive jury certificates 
for county tax. 

Also, a bill to be entitled an act to change the time 
of holding the Superior Courts of the Macon Circuit, 
and for other purposes. 

Also, a bill to be entitled an act to incorporate the 
Mutual Protection Insurance Company, of Georgia. 

Also, a bill to be entitled an act to amend an act to 
incorporate the proprietors of the Augusta Canal, and 



MONDAY, DECEMBER 11, 1871. 473 

to confirm certain ordinances of the City Council of 
Augusta therein mentioned, and to punish those who 
may injure their property, approved December 27, 1845, 
and to extend the provisions of said act, and to con- 
firm certain ordinances of the City Council of Augusta, 
relating to said canal. 

Also, a bill to be entitled an act to authorize the 
Mayor and City Council of LaGfrange to issue bonds, 
to aid in building railroads, and for other purposes. 

Also, a bill to amend the laws of this State in refer- 
ence to the revision of jury boxes of this State, and 
the drawing of juries, and to provide for their compen- 
sation. 

Also, a bill to consolidate the railroad companies 
known as the Chattooga Coal & Iron Railroad and the 
Trion Railway Company, and for other purposes. 

Also, a bill to authorize Sheriffs' and other levying 
officers of Miller county to collect advertising fees and 
cost of keeping property in their possession as now 
provided for, before accepting affidavits of illegallity 
and claims. 

H. L. W Ceaig, 
Chairman Enrolling Committee. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof : 

Mr. Speaker: 

The Senate has concurred in the following resolution 
of the House, to-wit : 

A resolution in relation to the prolongation of the 
present session of the General Assembly 

The House adjourned until 10 o'clock, a. m. to- 
morrow. 



474 JOURNAL OF THE HOUSE. 

Atlaxta, Georgia, 
Tuesday, December 12, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev Mr. Hornady 

The Journal of yesterday was read and approved. 

Mr. Hunter moved to reconsider so much of the Jour- 
nal as relates to the indefinite postponement of a bill 
for the apportionment of the members of the House of 
Representatives. 

The motion prevailed, and the bill Avas recommitted. 

Mr. Dell moved to reconsider so much of the Jour- 
nal as relates to the passage of a bill to amend the law 
of this State, in relation to habeas corpus. 

The motion prevailed, and the bill was referred to the 
Committee on the Judiciary 

Mr Gray moved to reconsider so much of the Jour- 
nal as relates to the indefinite postponement of a bill 
to make it a penal offense for any person retailing spiri- 
tuous liquors in this State, to sell or furnish any such 
liquor to any minor without the written consent of the 
parent or guardian of such minor, and for other pur- 
poses. 

The motion to reconsider did not prevail. 

Mr. Gray moved to reconsider so much of the Journal 
as relates to the indefinite postponement of a bill to 
authorize married women to sue for and recover dama- 
ges from any person selling their husbands liquor while 
intoxicated. 

Mr. Russell moved to lay the motion to reconsider 
on the table, which motion did not prevail. 

The question recurring upon the motion to recon- 
sider, Mr. Gray called for the yeas and nays, and the 
call was sustained. 



TUESDAY, DECEMBER 12, 1871. 



475 



Those voting in the affirmative are Messrs. 



Anderson", "Win. D., 

Atkinson, 

Barron, 

Battle, 

Blue, 

Brown, 

Bryan, 

Bunn, 

Chastain, 

Clark of Richmond, 

Clark of Troup, 

Clegkorn, 

Clements, 

Clower, 

Colby, 

Converse, 

Craig, 

Crittenden, 

Emerson, 

Etheridge, 

Pain, 



Farmer, 

Floyd, 

Flynt, 

Goldsmith, 

Goodman, 

Gray, 

Guerry, 

Hall of Meriwether, 

Hammond, 

Hancock, 

Heidt, 

Howell, 

Johnson of Clay, 

Johnson of Spalding, 

Joiner, 

Jones of Gwinnett, 

Jones of Terrell, 

Kelly, 

Lewis, 

Lipsey, 



Mansfield, 

Mattox, 

McNeal, 

McWhorter, 

Moreland, 

Morrison, 

Oliver, 

O'Neal, 

Patillo, 

Phillips, 

Rawles, 

Richards, 

Simmons of Hall, 

Simmons of Houston, 

Smith of Coweta, 

Smith of Oglethorpe, 

Stovall, 

Tarver, 

"Wofford of Banks, 

"Wofford of Bartow. 



Those voting in the negative are Messrs — 



Allred, 

Anderson, ffm. P. 

Bacon, 

Baker of Biyan, 

Baker of Pike, 

Ballanger, 

Barksdale, 

Berrien, 

Braddy, 

Cato, 

Chancey, 

Collins, 

Cumming, 

Davis of Newton, 

Edwards, 

Franklin, 

Glover, 

Griffin of Twiggs, 

Head, 

Hoge, 

Hudson, 

Yeas, CI. Nays, 



Hughes, 

Hunter, 

Jackson, 

Jenkins, 

Jones of Hart, 

Lamkin, 

Lang, 

Martin, 

McConnell, 

Meadows, 

Murphy of Burke, 

Netherland, 

Nutting, 

Palmer, 

Paulk, 

Peeples, 

Pentecost, 

Pierce, 

Pou, 

Reid, 

Renfroe, 

61. 



Riley, 

Roundtree, 

Russell, 

Sargent, 

Sellers, 

Simmons of Gwinnett, 

Slaton, 

Snead, 

Spence, 

Summers, 

Summerlin, 

Taylor, 

Trammell, 

Watters, 

"West, 

Whatley, 

"Williams, 

"Wilson, 

"Wood, 

"Woodward. 

"Wynn. 



476 JOURNAL OF THE HOUSE. 

There being a tie, the Speaker gave the casting vote. 
The Speaker voted in the negative, and the motion 
to reconsider was, therefore, lost. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof : 

Mr Speaker : 

The Senate has passed the following bills of the 
House of Representatives, to-wit : 

A bill to incorporate the Macon & Chattahoochee 
Railroad Company - 

Also, a bill to repeal part of section eight of an act 
entitled an act to incorporate the town of Preston. 

Also, a bill to increase the pay of jurors of Bartow 
county. 

Also, a bill to amend an act entitled an act to amend 
an act to incorporate the Habersham & Union Turnpike 
Company 

Also, a bill to increase the pay of jurors in the coun- 
ties of Stewart, "Webster, Troup and other counties 
therein mentioned. 

Also, a bill to create a Board of Commissioners of 
Roads and Revenue in the county of Paulding. 

Also, a bill to fix the compensation of grand and 
petit jurors in the counties of Rabun and Towns. 

Also, a bill to repeal all local road laws of the county 
of Bryan. 

Also, a bill to correct and amend an act entitled an 
act to incorporate the Atlanta & Lookout Railroad 
Company. 

Also, a bill to incorporate the town of Sharpsburg, 
in Coweta county. 

Also, a bill to legalize the actions of Clerk Superior 
Court of Wilcox county as Ordinary of said county. 

Also, a bill to incorporate the town of Rutledge, in 
Morgan county. 

Also, a bill to incorporate the Georgia Diamond 
Mining Company. 



TUESDAY, DECEMBER 12, 1871. 477 

Also, a bill to construct a railroad from Elberton, 
Georgia, to intersect with the New York & New Orleans 
Air-Line Railroad. 

Also, a bill to change the line between the counties 
of Catoosa and Walker. 

Also, a bill to refund to Jackson, Lawton & Bassin- 
ger, a certain amount of money. 

Also, a bill to reduce the bond of the Sheriff of Banks 
county 

Also, a bill to fix the pay of grand and traverse ju- 
rors in the county of Crawford. 

Also, a bill to regulate the pay of jurors in the 
county of Newton. 

Also, a bill to repeal an act entitled an act to create 
a Board of Commissioners of Roads and Revenue, in 
the county of Richmond. 

Also, a bill to punish any person or persons who 
shall assume to perform the duties of Constable in the 
city of Savannah, unless elected, appointed and quali- 
fied in accordance to the statute of the State. 

Also, a bill to compensate the Clerk and Sheriff of 
the Superior Court, and other officers, for services ren- 
dered in the District Court for Richmond county. 

Also, a bill to provide for the opening and clearing 
out of Cedar Creek, in the county of Wilcox. 

Also, a bill to repeal an act consolidating the offices 
of Tax Receiver and Collector for Charlton county 

Also, a bill to authorize Clerks of the Superior 
Courts, in the counties of Lowndes, Coffee, Echols, 
Clinch and Ware, to issue writs that shall bear test in 
the name of T. R. Alexander and William M. Sessions. 

Also, a bill to create a Board of Commissioners of 
Roads and Revenue in the counties of Floyd, Berrien, 
Effingham, Schley, Sumter and Green. 

Also, a bill to fix the time of holding the Superior 
Courts for Charlton county 

Also, a bill to change the time of holding the Supe- 
rior Courts in the counties of Elbert and Hart. 



478 JOURNAL OF THE HOUSE. 

Also, a bill to provide for the election of an Ordi- 
nary for the county of Wilcox. 

Also, a bill to alter and amend an act to incorporate 
the town of Montezuma, in the county of Macon. 

The folloAving report was submitted : 

Mr Speaker: 

The committee to whom was referred the charge of 
over-pay for mileage against Henry L. Hillyer, the 
member from the county of Camden, beg leave to re- 
port that after a full investigation, they find that there 
is an excess of three hundred and twenty-two miles in 
the audited account of said member, and an over 
charge of eighty dollars and fifty cents, which was paid 
him, and which he was not entitled to receive. 

Therefore, the committee recommend : 

1st. That said member immediately refund to the 
treasury the said sum of eighty dollars and fifty cents. 
2d. That said member be brought before the bar of 
the House and reprimanded by the Speaker. 

In the event that said member shall fail to comply 
with or submit to either one of the above requirements, 
the committee recommend that he be expelled. 
(Signed) Claibokn Snead, 

A. O. Bacon, 
Hexey Jackson. 

Committee. 

The report was taken up, and the question recurring 
upon the adoption of the same, Mr. Hoge called the 
previous question, and the call was sustained. 

The report was adopted. 

Mr. Henry L. Hillyer, the member from the county of 
Camden, then paid to Mr. Craig, Chairman of the 
Committee on Auditing, the sum of eighty dollars and 
fifty cents, to be refunded to the Treasurer, and' came 
to the bar of the House, and was reprimanded by the 
Speaker. 



TUESDAY, DECEMBER 12, 1871. 479 

Mr. Craig asked leave to have the following receipt 
spread upon the Journal, which was granted. 

State Treasurer's Office, 
Atlanta, Ga., December 12, 1871. 

Received of H. L. W Craig, chairman of Auditing 
Committee of the House, eighty dollars and fifty cents, 
reported by him as amount refunded by H. L. Hillyer, 
of Camden county, for over payment of mileage. 
(Signed) 1ST L. Angiee, 

Treasurer 

Mr. Craig, chairman of the Committee on Auditing, 
offered a resolution in relation to the mileage drawn 
by T. G. Campbell, Jr., the member from Mcintosh 
county. 

The resolution was agreed to, and the following com- 
mittee appointed to investigate and report thereon: 
Messrs. Johnson of Spalding, Richards and Floyd. 

Mr. Hudson offered a resolution instructing the Com- 
mittee on Auditing to examine particularly into the 
mileage of members before auditing their accounts, 
which was agreed to. 



"8' 



The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr. Speaker : 

The Senate has passed the following bills of the 
House of Representatives, to-wit : 

A bill to incorporate the Rome & Raleigh Railroad 
Company 

Also, a bill to extend the right of dissolving garnish- 
ments to persons other than defendants. 

Also, a bill to .extend the jurisdiction of the City 
Court of Augusta. 

Also, a bill to incorporate the town of Dublin in 
Laurens county, and for other purposes. 



480 JOURNAL OP THE HOUSE. 

Also, a bill to amend an act incorporating the Atlan- 
tic & Great Western Canal Company 

Also, a bill to incorporate the town of Lawtonville. 

Also, a bill to constitute a Board of Commissioners 
for Meriwether county. 

Also, a bill to amend an act incorporating the town 
of Morgan, Calhoun county 

Also, a bill to require the Tax Collector of Ware 
county to receive county scrip for taxes due the county. 

Also, a bill to change the time of holding the Supe- 
rior Courts in Campbell county. 

Also, a bill to provide for the payment of a portion 
of the fund raised for school purposes to the city of 
Columbus. 

Also, a bill to repeal an act entitled an act to consol- 
idate the offices of Tax Receiver and Collector for the 
county of Dade. 

Also, a bill to authorize the Ordinary of Campbell 
county to issue bonds for the purpose of building a 
court-house. 

Also, a bill to amend the road laws of the State, so 
far as they relate to Lumpkin county - 

Also, a bill to repeal an act entitled an act to author- 
ize the payment of costs due the officers of court of 
Bartow county, and to provide therefor. 

Also, a bill to change the time of holding the Supe- 
rior Courts of Camden county 

Also, a bill to amend an act entitled an act to confer 
additional powers upon the Mayor and Council of the 
city of LaGrange. 

Also, a bill to authorize Calloway Campbell, of Mur- 
ray county, to erect a mill-dam across the Connasauga 
river, on his own land, in Murray county - 

Also, a bill to change the time of holding the Supe- 
rior Court in Catoosa county 

Also, a bill to legalize the adjournment of the Supe- 
rior Court of Elbert county . 

Also, a bill to compensate grand and petit jurors of 
Paulding county 



TUESDAY, DECEMBER 12, 1871. 481 

Also, a bill to amend an act to incorporate the Gfatp 
City Insurance Company of the city of Atlanta. 

Also, a bill to repeal certain sections of an act enti- 
tled an act to charter Georgia Mutual Fire & Life In- 
surance Company - 

Also, a bill to increase the pay of jurors for the 
county of Randolph. 

Also, a bill to change the time of holding the Supe- 
rior Courts in the county of Worth. 

Also, a bill to change the line between the counties 
of Coffee and Ware, so as to include the residence of 
Merritt Meeks in Coffee county, with an amendment in 
which they ask the concurrence of the House of Rep- 
resentatives. 

Also, a bill to amend an act entitled an act to incor- 
porate the Grand Lodge Knights of Jericho, of the 
State of Georgia. 

Also, a bill to require the Coroner of Chatham county 
to hold inquests in certain cases, and for other pur- 
poses. 

Also, a bill to amend the charter of the Americus & 
Isabella Railroad Company. 

Also, a bill to incorporate the town of Resaca. 

Also, a bill to create a Board of Commissioners for 
the county of Liberty. 

The Senate has also agreed to a resolution relative to 
teachers of common schools, in which they ask the 
concurrence of the House of Representatives, and I 
am directed to transmit the same forthwith to the 
House. 

The President of the Senate, on the part of the Sen- 
ate, has appointed, under the act to protect the people 
of this State in the illegal and fraudulent issue of 
bonds and securities, and for other purposes, Mr. Sim- 
mons. 

Mr. Craig, chairman of the Enrolling Committee, 
submitted the following report : 
31 



482 JOURNAL OP THE HOUSE. 

Mr Speaker : 

The Committee on Enrollment report as duly en- 
rolled, and ready for the signature of the Speaker, the 
following bills, to-wit : 

A bill to establish a City Court in the city of Atlanta. 

Also, a bill to be entitled an act to change the line 
between the counties of Catoosa and Walker. 

Also, a bill to be entitled an act to incorporate the 
Atlanta & Lookout Railroad Company Approved 
October 20, 1870. 

Also, a bill to provide for the election of an Ordi- 
nary for the county of Wilcox, to fill a vacancy caused 
by the resignation of D. C. Mann, former Ordinary of 
said county of Wilcox. 

Also, a bill to be entitled an act to construct a rail- 
road from Elberton, Georgia, to intersect with the 
New York & New Orleans Air-Line Railroad by the 
most practicable route. 

Also, a bill to be entitled an act to repeal part of 
section eight of an act entitled an act to incorporate 
the town of Preston, in the county of Webster, and for 
other purposes. 

Also, a bill to be entitled an act to change the time 
of holding the Superior Courts in the county of Worth. 

Also, a bill to be entitled an act to create a Board of 
Commissioners for the county of Liberty, and to define 
their duties. 

Also, a bill to be entitled an act to fix the time of 
holding the Superior Courts for Charlton county. 

Also, a bill to be entitled an act to legalize the actions 
of the Clerk of the Superior Court of Wilcox county 
as Ordinary of said county, and to authorize said Clerk 
to levy a tax for county purposes, for the year 1871. 

Also, a bill to be entitled an act to increase the pay 
of jurors in the county of Randolph. 

Also, a bill to repeal an act entitled an act to con- 
solidate the offices of Tax Receiver and Collector of 
the county of Dade. 



TUESDAY, DECEMBER 12, 1871. 483 

Also, a bill to require the Coroner of Chatham 
county to hold inquest in certain cases, and also to al- 
low certain fees unprovided for by law, and for other 
purposes. 

Also, a bill to amend an act entitled an act to con- 
fer additional powers upon the Mayor and Council of 
the city of LaGrange to regulate taxation in said city, 
and for other purposes. 

Also, a bill to compensate the Clerk and Sheriff of 
the Superior Court, and other officers for services ren- 
dered in the District Court for Richmond county, and 
for other purposes. 

Also, a bill to create a Board of Commissioners of 
Roads and Revenue in the counties of Floyd, Berrien, 
Effingham, Schley, Sumter, and Green. 

Also, a bill to compensate grand and petit jurors for 
the county of Paulding. 

Also, a bill to amend an act entitled an act to incor- 
porate the Gate City Insurance Compnay of the city 
of Atlanta, assented to March 12, 1866, and to change 
its name. 

Also, a bill to increase the pay of jurors in the coun- 
ties of Stewart, Webster, Troup, Terrell, Spalding, 
Gordon, Paulding, Early, Miller, Greene, Murray, 
Quitman, Fayette, Clayton, Lumpkin, Heard, Cobb, 
Clarke, Chattahoochee, Henry, Taylor, Macon, Telfair, 
Thomas, Decatur, Habersham, Monroe, Dooly, Jasper, 
Houston, Worth and Clay. 

Also, a bill to incorporate the Macon & Chattahoo- 
chee Railroad Company, and to confer upon the same 
certain rights, powers and privileges. 

Also, a bill to repeal an act entitled an act to create 
a Board of Commissioners of Roads and Revenue in 
the county of Richmond. 

Also, a bill to be entitled an act to amend an act 
incorporating the town of Morgan, in the county of 
Calhoun. Approved March 8, 1856. 

Also, a bill to be entitled an act to repeal all local 



4S4 JOURNAL OF THE HOUSE. 

road laws of the county of Bryan, and for other pur- 
poses therein mentioned. 

Also, a bill to be entitled an act to change the time 
of holding the Superior Courts in the counties of Elbert 
and Hart. 

Also, a bill to be entitled an act to punish any per- 
son who shall assume to perform the duties of Consta- 
ble in the city of Savannah, unless he or they have 
been elected or appointed, and qualified in accord- 
ance to the statute of the State of Georgia. 

Also, a bill to incorporate the town of Rutledge, in 
Morgan county 

Also, a bill to repeal certain sections of an act en- 
titled an act to charter the Georgia Mutual Fire and 
Life Insurance Company, and the several acts amend- 
atory thereto. 

Also, a bill to be entitled an act to reduce the bond 
of the Sheriff of Banks county 

Also, a bill to be entitled an act to legalize the ad- 
journment of the Superior Court of Elbert County. 

Also, a bill to be entitled an act to require the Tax 
Collector of the county of Ware to receive county scrip 
for taxes due the county 

Also, a bill to change the time of holding the Supe- 
rior Court in Campbell county 

Also, a bill to regulate the pay of jurors in the 
county of Newton. 

Also, a bill to regulate and fix the pay of grand and 
traverse jurors, in the county of Crawford. 

Also, a bill to repeal an act consolidating the offices 
of Tax Receiver and Collector, for Chalton county 

Also, a bill to increase the pay of jurors of Bartow 
count}' 

Also, a bill to create a Board of Commissioners of 
Roads and Revenue in the county of Paulding. 

Also, a ib ill to amend an act entitled an act to incor- 
porate the Habersham & Union Turnpike Company, 
and grant certain privileges to the same, and for other 



TUESDAY, DECEMBER 12, 1871. 485 

purposes herein mentioned, and to change the name 
of the same. 

Also, a bill to incorporate the town of Sharpsburg, 
in the connty of Coweta, and for other purposes therein 
mentioned. 

Also, a bill to fix the compensation of grand and 
petit jurors in the couties of Rabun and Towns, and to 
provide for the payment of the same. 

Also, a bill to provide for the opening and clearing 
out of Cedar creek, in the county of Wilcox. 

Also, a bill to amend an act entitled an act to incor- 
porate the Grand Lodge of Knights of Jerico, of the 
State of Georgia, and for other purposes therein 
named. 

Also, a bill to repeal an act entitled an act to au- 
thorize the payment of costs due the officers of court 
of Bartow county, and to provide therefor, approved 
October 27, 1870. 

Also, a bill to change the time of holding the Supe- 
rior Court of Catoosa. 

Also, a bill to change the line between the counties 
of Coffee and Ware, so as to include the residence of 
Meritt Meeks in Coffee county 

Also, a bill to amend the charter of the Americus & 
Isabella Railroad Company, and for other purposes 
therein mentioned. 

Also, a bill to extend the jurisdiction of the City 
Court of Augusta, and for other purposes. 

Also, a bill to change the time of holding the Supe- 
rior Court of Camden county 

Also, a bill to authorize Clerks of the Superior 
Courts in the counties of Lowndes, Coffee, Echols, 
Clinch and Ware, to issue writs that bear test in the 
name of J R. Alexander and W M. Sessions. 

Also, a bill to correct and amend an act entitled an 
act to incorporate the Atlanta & Lookout Railroad 
Company. Approved October 24, 1870. 

H. L. W Craig, 
Chairman Enrolling Committee. 



48( 



JOURNAL OF THE HOUSE. 



A bill to incorporate the Peoples' Savings Bank of 
Newnan, was read the third time and put upon its 



?age. 



pa^ 

A constitutional majority of two-thirds being re- 
quired, the vote was taken by yeas and nays. 

Those voting in the affirmative are Messrs — 



Anderson, Wm. P., 

Bacon, 

Baker of Bryan, 

Baker of Pike, 

Barksdale, 

Barron, 

Battle, 

Berrien, 

Blue, 

Bowie, 

Braddy, 

Brewton of Tatnall, 

Bruton of Decatur, 

Brown, 

Bryan, 

Bunn, 

Cato, 

Cliastain, 

Clark of Richmond, 

Cleghorn, 

Clower, 

Cody, 

Colby, 

Collins, 

Converse, 

Craig, 

Crittenden, 

dimming, 

Davis of Newton, 

Dell, 

Edwards, 

Emerson, 

Pain, 

Parmer, 

Ployd, 

Plynt, 

Franklin, 

Glover, 

Goldsmith, 

Goodman, 



Graham, 

Gray, 

Griffin of Twiggs, 

Guerry, 

Hall of Meriwether, 

Hall of Upson, 

Hammond, 

Hancock, 

Head, 

Heidt, 

Howell, 

Hooks, 

Hudson, 

Hughes, 

Hunter, 

Jackson, 

Jenkins, 

Johnson of Clay, 

Johnson of Spalding, 

Joiner, 

Jones of Gwinnett, 

Jones of Hart, 

Jones of Terrell, 

Kelly, 

Knowles, 

Lang, 

Lewis, 

Lipsey, 

Martin, 

Mattox, 

McConnell, 

Meadows, 

Moreland, 

Morrison, 

Murphy of Burke, 

Netherland, 

Nutting, 

O'Neal, 

Ormond, 



Palmer, 

Paulk, 

Peeples, 

Pentecost, 

Phillips, 

Pierce, 

Pou, 

Bawls, 

Eeid, 

Renfroe, 

Richards, 

Richardson, 

Riley, 

Roundtree, 

Russell, 

Sargent, 

Scott, 

Sellers, 

Simmons of Gwinnett, 

Simmons of Hall, 

Simmons of Houston, 

Slaton, 

Smith of Coweta, 

Smith of Oglethorpe, 

Snead, 

Spence, 

Stovall, 

Summers, 

Summerlin, 

Tarver, 

Taylor, 

Trammell, 

West, 

Whatley, 

Wilson, 

Wofl'ord of Banks, 

Wofford of Bartow, 

Wood, 

Wynn. 



WEDNESDAY, DECEMBER 13, 1871. 487 

Those voting in the negative are Messrs. — 
Anderson, Wm. D., 
Yeas, 112. Nays, 1. 

So the bill was passed by the requisite majority 

A Senate resolution relating to teachers of common 
schools and school fund, was taken up. 

Mr. Cumming moved to amend by inserting "1870" 
between "1869 and "and" in the seventh line, and 
striking out all of the resolution after the word " col- 
lected," in the eighth line. 

The motion prevailed, and the resolution as thus- 
amended, was concurred in. 

A House bill to change the line between the counties 
of Coffee and Ware, was taken up, and the Senate 
amendment thereto, concurred in. 

Leave of absence for the balance of the session, was 
granted to Messrs. Chancey, Chastain, Ormond, Sto- 
vall, and Lamkin. 

On motion, the House adjourned until 10 o'clock a. 
m. to-morrow 



Atlanta, Georgia, 
Wednesday, December 13, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev. Mr. Jones. 

The roll was called, and the following members 
present answered to their names : 



AUred, 


Baker of Bryan, 


Bateman, 


Anderson, Wm. D. 


Baker of Pike, 


Battle, 


Anderson, Wm. P 


Ballanger, 


Berrien, 


Atkinson, 


Barksdale, 


Blue, 


Bacon, 


Barron, 


Bowie, 



488 



JOURNAL OF THE HOUSE. 



Braddy, 

Brewton of Tatnall, 
Brown, 
Bryan, 
Cato, 
Chastain, 

Clark of Richmond, 
Clark of Troup, 
Cleghorn, 
Cloud, 
Cody, 
Colby, 
Collins, 
Converse, 
Craig, 
Crittenden, 
Camming, 
Davis of Newton, 
Dell, 
Edwards, 
Emerson, 
Etlieridge, 
Eain, 
Parmer, 
Field, 
Floyd, 
Flynt, 
Franklin, 
Glover, 
Goldsmith, 
Goodman, 
Graham, 
Gray, 

Griffin of Twiggs, 
Guerry, 

Hall of Meriwether, 
Hall of Upson, 
Hammond, 
Hancock, 
Present, 130. 



Head, 

Ileidt, 

Hoge, 

Howell, 

Hooks, 

Hudson, 

Hughes, 

Hunter, 

Jackson, 

Jenkins, 

Johnson of Clay, 

Johnson of Spalding, 

Jones of Gwinnett, 

Jones of Hart, 

Jones of Terrell, 

Kelly, 

Knowles, 

Lang, 

Lewis, 

Lipsey, 

Martin, 

McConnell, 

McNeal, 

McWhorter, 

Meadows, 

Moreland, 

Morris, 

Morrison, 

Netherland, 

Nutting, 

O'Neal, 

Palmer, 

Patillo, 

Paulk, 

Payne, 

Peeples, 

Pentecost, 

Philips, 



Pierce, 

Pou, 

Rawls, 

Reid, 

Renfroe, 

Richards, 

Richardson, 

Riley, 

Roundtree, 

Russell, 

Rutherford, 

Sargent, 

Scott, 

Sellers, 

Simmons of Gwinnett, 

Simmons of Hall. 

Simmons of Houston, 

Slaton, 

Smith of Coweta, 

Smith of Oglethorpe, 

Snead, 

Spence, 

Stovall, 

Summers, 

Summerlin, 

Tarver, 

Trammell, 

Walters, 

West, 

Whatley, 

Williams, 

AVilson, 

Wofford of Banks, 

WofFord of Bartow, 

Wood, 

Woodward, 

Wynn, 

Mr. Speaker. 



The Journal of yesterday was read and approved. 

Leave of absence, for the balance of the session, was 
granted to Messrs. Allred, Lewis, "West, Lipsey and 
Smith of Oglethorpe. 

Mr. Kelly offered a resolution rescinding the resolu- 
tions agreed to by this House, limiting the time in 



WEDNESDAY, DECEMBER 13, 1871. 489 

which a member may speak on any subject, which was 
agreed to. 

Mr. Etheridge offered a resolution that no more leaves 
of absence be granted on account of sickness, unless 
certified to by a physician, which was lost, 

Mr. Hudson offered a resolution authorizing the Hon. 
Sterling Glover to draw the per diem and mileage of 
his late colleague, the Hon. "Wright Brady, of Sumter 
county, deceased, for the benefit of the family of said 
deceased, which was agreed to. 

The report of the Committee on Privileges and Elec- 
tions, declaring that Hon. Henry Tarver is entitled to 
represent the county of Baker in this General Assem- 
bly, was taken up and adopted. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr, Speaker : 

The Senate has passed the following bills of the 
House of Representatives, to-wit : 

A bill to incorporate the town of Whitney, in the 
county of Calhoun. 

Also, a bill to amend the acts incorporating the vil- 
lage of Cave Spring, in the county of Floyd. 

Also, a bill for the relief of B. Chancey, Tax Collec- 
tor of Early county for the year 1869. 

Also, a bill to prevent any person from hounding or 
killing deer in the counties of Talbot, Marion, Taylor 
and Laurens, in the months of May, June, July and 
August, with an amendment, in which they ask the 
•concurrence of the House of Representatives. 

The Senate has also passed, by a constitutional ma- 
jority vote of two-thirds, yeas 22, nays 1, a bill of the 
House of Representatives to incorporate the Dollar 
Savings Bank of Fort Valley 

The Senate has also passed the following bill of the 
House of Representatives, by a constitutional majority 
vote of two-thirds, yeas 28, nays 1, to-wit : a bill to 



490 JOURNAL OF THE HOUSE. 

incorporate the Merchants & Mechanics' Bank of Co- 
lumbus, G-eorgia. 

The Senate has also passed the following bill of the 
House of Representatives, with certain amendments, 
in which they ask the concurrence of the House, to- 
wit : a bill to levy and collect a tax for the support of 
the government for the year 1872, and for other pur- 
poses. 

A House bill to prevent any person from hounding 
or killing deer in the counties of Talbot, Marion, Tay- 
lor and Laurens in the months of Ma}-, June, July 
and August was taken up, and the Senate amendment 
thereto concurred in. 

Mr. Craig, chairman of the Committee on Auditing, 
submitted the following report : 

Mr. Speaker: 

It has been ascertained that the members from Stew- 
art have overdrawn the mileage allowed by law, each 
having drawn for 500 instead of 354 miles, the actual 
distance. I would respectfully request that the House 
take immediate action in the matter. 

(Signed) H. L. W Craig, Chairman. 

Mr. Craig moved that the messenger be sent to recall 
the member from Stewart, to whom leave of absence 
was granted this morning. 

Mr. Bacon moved to lay the motion of Mr. Craig on 
the table, and the motion prevailed. 

Mr. Craig, chairman of the Enrolling Committee, 
submitted the following report : 

3Ir Specifier: 

The Committee on Enrollment report as duly en- 
rolled and ready for the signature of the Speaker of 
the House of Representatives, the following bills, to- 
wit: 



WEDNESDAY, DECEMBER 13, 1871. 491 

A bill to refund to Jackson, Lawton & Bassinger, a 
certain amount of money, the same being ovefpaid by 
them as taxes upon certain lands in Chatham county, 
belonging to H. L. Toomer, a resident of South Caro- 
lina, the same being at the time under levy of attach- 
ment sued out by them. 

Also, a bill to incorporate the Dollar Savings Bank 
of Fort Valley 

Also, a bill to incorporate the town of Lawton. 

Also, a bill to incorporate the Rome & Raleigh Rail- 
way Company, and for other purposes therein men- 
tioned. 

Also, a bill to incorporate the town of Whitney, in 
the county of Calhoun, and for other purposes" therein 
mentioned, and to regulate the retail of spirituous 
liquors within" the corporate limits. 

Also, a bill to extend the right of dissolving garnish- 
ments to persons other than defendants. 

Also, a bill for the relief of B. Chancey, Tax Collec- 
tor of the county of Early for the year 1869. 

Also, a bill to authorize Calloway Campbell, of 
Murray county, to erect a mill-dam across the Conna- 
sauga river, on his own land, in the tenth district and 
third section of Murray county 

Also, a bill to amend the road laws of the State, so 
far as they relate to the county of Lumpkin. 

Also, a bill to incorporate the Merchants' & Mechan- 
ics' Savings Bank, of Columbus, Georgia. 

Also, a bill to amend the road laws of the State, so 
far as tljey relate to the county of Lumpkin. 

Also, a bill to incorporate the town of Resaca, and 
for other purposes. 

Also, a bill to amend an act incorporating the vil- 
lage of Cave Spring, in the county of Floyd. 

Also, a bill to incorporate the town of Dublin, in the 
county of Laurens, and appoint commissioners for the 
same, and define the powers thereof. 

Also, a bill to alter and amend an act to incorporate 
the town of Montezuma, in the county of Macon, and 



402 JOURNAL OF THE HOUSE. 

to provide for an election, approved November 12, 
1870. 

Also, a bill to levy and collect a tax for the support 
of the government for 1S72, and for other purposes. 

Also, a bill to authorize the Ordinary of the county 
of Campbell to issue bonds to raise money to pay foi 
the building of a court-house. 

Also, a bill to amend an act incorporating the At- 
lantic & Gfreatwestern Canal Compan}'. 

Also, a bill to incorporate the Georgia Diamond Min- 
ing Company. 

Also, a bill to prevent hounding and killing deer in 
the county of Laurens, during the months of May, 
June, July and August. 

Also, a bill to constitute a board of commissioners 
for the county of Meriwether, State of Georgia. 

Also, a resolution requesting his Excellency the 
Governor to order an election in the county of Sumter. 

H. L. W Craig, 
Chairman of Enrolling Committee. 

A House bill to levy and collect a tax for the sup- 
port of the government for the year 1872, and for other 
purposes, was taken up, and the Senate amendments 
thereto concurred in. 

The House took up the report of the Committee on 
Privileges and Elections in reference to the Coweta 
county contested election. 

Pending action thereon, the House adjourned until 
10 o'clock a. m. to-morrow. 



Atlanta, Georgia, 
Thursday, December 14, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev Mr. Jones. 



THURSDAY, DECEMBER 14, 1871. 493 

The Journal of yesterday was read and approved. 

The -unfinished business of yesterday, the same being 
the report of the Committee on Privileges and Elec- 
tions on the Coweta county contested election, was re- 
sumed. 

Mr. Simmons of Gwinnett offered a resolution as a 
substitute for the report. 

On motion, the report and substitute were laid on 
the table. 

Mr. Phillips offered a resolution in relation to the 
conduct of the Hon. Benjamin Conley, acting Gover- 
nor, which, on motion of Mr. Russell, was laid on the 
table. 

The following report was submitted : 

Mr Speaker: 

The committee appointed to investigate the mileage 
of T. G. Campbell, Jr., report that through a misap- 
prehension he has drawn over-mileage amounting to 
$35 50, and recommend that he be required to refund 
the same to the Treasurer. 

D. H. Joinsrsox, 

J. B. RlCIIAKDS, 

Mo'xday Floyd. 
The report was adopted. 

Mr. Craig, chairman of the Enrolling Committee sub- 
mitted the following report : 

Mr Speaker: 

The Committee on Enrollment report as duly enrolled 
and ready for the signature of the Speaker of the House 
of Representatives, the following bills, to-wit : 

A bill to alter and amend the several acts incorpo- 
rating the town of Sandersville, a municipal government 
with all the rights and privileges usually enjoj^ed by 
cities in Georgia as is herein set forth. 

H. L. W Ceaig, 
Chairman Enrolling Committee. 



494 JOURNAL OF THE HOUSE. 

At the request of the chairman of the Committee on 
Enrollment, Mr. Johnson of Clay was added to the 
same. 

A bill to repeal an act incorporating the town of 
Gainesville, under the name and style of the city of 
Gainesville, and to incorporate the same as a town, 
and for other purposes, was, on motion of Mr. Riley, 
taken from the table and considered. 

Mr. Simmons of Hall moved to strike out the four- 
teenth section. 

Mr. Gray offered a substitute for the fourteenth sec- 
tion. 

Mr. Gueny moved to lay the bill and amendment on 
the table, and the motion prevailed. 

Leaves of absence for the balance of the session were 
granted Messrs. Blue, Simmons of Houston, O'Neal, 
McWhorter, Barksdale, Jones of Hart, Mattox and 
Clements, the last two to take effect from the 13th inst. 

On motion, the House adjourned until 10 o'clock a. 
m. to-morrow. 



Atlanta, Georgia, 
Friday, December 15, 1871. 

The House met pursuant to adjournment, was called 
to order by the Speaker, and opened with prayer by 
Rev Mr. Jones. 

Mr. Pierce offered a resolution that this General As- 
sembly adjourn sine die at 12 o'clock p. m., this day, 
and for the appointment of a joint committee to notify 
the Hon. Benjamin Conley, acting Governor, of the 
same. 

Mr. Cumming offered as a substitute a resolution for 
the appointment of a committee of three from the 



FRIDAY, DECEMBER 15, 1871. 495 

House, to confer with a like committee from the Sen- 
ate, to report at what time this General Assembly shall 
adjourn sine die. 

The substitute was agreed to, and the following com- 
mittee appointed : 

Messrs. Cumming, W D. Anderson and Pierce. 

Mr. Craig offered a resolution that the Clerk of this 
House and six assistants be allowed the sum of one 
hundred dollars each, for extra services at night, which 
was lost. 

Mr. Simmons of Gwinnett offered a resolution, that 
the Secretary of State be required to have all the print- 
ing of his office done by W A. Hemphill, the State 
Printer, and that the House of Representatives will not 
recognize any other person as State Printer. 

Mr. Rawls moved to amend, by providing that said 
State Printer shall print the public and local laws of 
this session of the General Assembly at the earliest 
practicable day. 

The amendment was accepted, and the resolution, as 
thus amended, was agreed to. 

Leave of absence was granted Messrs. Farmer, Bruton 
of Decatur, Glover, Griffin of Twiggs and Mansfield, 
for the balance of the session. 

Mr. W D. Anderson moved that the House take a 
recess until fifteen minutes before 12 o'clock m., and the 
motion prevailed. 

At fifteen minutes before 12 o'clock m. the House 
reassembled, and was called to order by the Speaker : 

The following message was received from the Senate 
through Mr. Hill, the Secretary thereof: 

Mr. Speaker: 

The Senate has concurred in a resolution of the House 
of Representatives, relative to the adjournment of this 
General Assembty, and have appointed, as a commit- 
tee, on the part of the Senate, Messrs. Burn?, Mcholls 
and Brock. 



400 JOURNAL OF THE HOUSE. 

The following report "was submitted : 

Mr Speaker: 

T1h> joint committee of the two Houses of the Gen- 
eral Assembl}-, appointed to confer and report as to 
the time of adjournment sine die, beg leave to report 
the following resolutions : 

liesoleed, That the General Assembly adjourn this 
day, the fifteenth instant, at 12 o'clock p. m., sine die. 

liesoleed, That a committee of two from the Senate- 
and three from the House be appointed by the presid- 
ing officers thereof respectively, to wait upon and notify 
the Hon. Benjamin Conley, acting Governor, of the 
same, and ask him if he has any further communica- 
tions to make to the General Assembly 

John C. Niciiolls, 
B. F BeutOjST, 
J. B. Cummixo, 
G. F Pierce, 
William D. Axdersox. 

The report was taken up and adopted. 

The following "message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has agreed to a resolution authorizing 
the Secretary of State to furnish R. J. McCamy with 
the engrossed copies of the acts passed by the General 
Assembly, in which they ask the concurrence of the 
House. 

The Senate has also concurred in a resolution of the 
House relative to Public Printer, with an amendment, 
in which they ask the concurrence of the House. 

The Senate has concurred in the amendments of the 
House, to a resolution of the Senate relative to teachers 
of common schools. 

I am instructed by the Senate to transmit to the 



FRIDAY, DECEMBER 15, 1871. 497 

House of Representatives, the report of the Committee 
on the State of the Republic, which was agreed to by 
the Senate. 

The Senate resolution, authorizing the Secretary of 
State to furnish R. J McCamy witli the engrossed 
copies of the acts passed at the present session of the 
General Assembly, was taken up. 

Mr. Rawls moved to amend by adding the following 
words: "Provided this resolution shall not interfere 
with the printing of the laws by the State Printer at 
the earliest day." 

The amendment was agreed to, and the resolution, 
as thus amended, was concurred in. 

t 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has concurred in the amendment of the 
House to the resolution of the Senate, authorizing the 
Secretary of State to furnish R. J. McCamy with the 
engrossed copies of the acts passed at this G-eneral As- 
sembly 

The following message was received from the Senate 
through Mr. Hill, the Secretary thereof: 

Mr Speaker : 

The Senate has concurred in a resolution of the 
House relative to the adjournment of the General As- 
sembly, and has appointed as the committee, on the 
part of the Senate, to inform the Governor of the time 
of adjournment, Messrs. Mcholls and Bruton. 

The Senate has also agreed, to a resolution rein tive 
to the number of days for which members of the Gen- 
eral Assembly shall draw pay, in which they ask the 
concurrence of the House. 

The Senate resolution relative to the number of days 
32 



498 JOURNAL OF THE HOUSE. 

for which members of the General Assembly shall 
draw pay was taken up and concurred in. 

The Speaker announced the following gentlemen as 
the committee on the part of the House to notify the 
acting Governor of the adjournment of this General 
Assembly, Messrs. dimming, Pierce and TV" ~D. An- 
derson. 

Mr. C 11 mming, chairman of the committee on the 
part of the House, reported orally that the committee 
had notified the Hon. Benjamin Conley, acting Gover- 
nor, of the time of adjournment of this General As- 
sembly, and that he stated to the committee that he 
did not recognize the General Assembly as being now 
in session, and, therefore, had no communication to 
make to the same. 

The House, on motion, took a recess until 9 o' clock 
p. M. this day 



Night Session, 9 o'clock p. m. 

The House reassembled. 

Leave of absence was granted to Mr. Jesse Oslin, 
the Messenger of this House, for the balance of the 
session. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr. Speaker: 

I am directed by the Senate to inform the House of 
Representatives that they have completed their busi- 
ness of the present session of the General Assembly of 
the State of Georgia, and are ready to adjourn sine die 
at 9:30 this evening. 

Mr. Hall of Upson offered a resolution that both 
Houses of this General Assembly adjourn sine die at 
12 o'clock this night, the fifteenth December, 1871, 
which was agreed to. 



FRIDAY, DECEMBER 15, 1871. 499 

The report of the Committee on the State of the Re- 
public, which was transmitted from the Senate this 
morning, was taken up and concurred in. 

Mr. Hudson of Schley offered the following resolu- 
:ion, which was unanimously agreed to : 

Resolved, That the thanks of this House are due and 
hereby tendered to the Hon. J. M. Smith, Speaker, for 
the able, dignified and impartial manner in which he 
lias presided over this House. 

Mr. Dell offered the following resolution, which was 
unanimously agreed to : 

Resolved, That the thanks of this House are due the 
Eon. J. B. Cumming, Speaker pro tern., for the able 
and efficient manner in which he has discharged his 
luties ; also, to James D. Waddell, Clerk, L. Carring- 
son, assistant Clerk, Samuel Lumpkin, Journalizing 
Clerk, and their assistants, for the efficient manner in 
svhich they have discharged the important and ardu- 
ous duties of their offices. 

The House resolution in relation to the Public Prin- 
ter, was taken up, and the Senate amendment thereto 
soncurred in. 

The following message was received from the Senate, 
through Mr. Hill, the Secretary thereof: 

Mr Speaker: 

The Senate has concurred in a resolution of the 
Bouse of Representatives, relative to the adjournment 
of the General Assembly at 12 o'clock at night, 15th 
December, 1871. 

Mr. Johnson of Clay offered the following resolution, 
which was agreed to : 



^to- 1 



Resolved, That the chairman of the Auditing Com- 
mittee be authorized to audit the claim of each clerk in 



000 JOURNAL OF THE HOUSE. 

the enrolling department for a sum not more than one' 
dollar per diem for each day said clerk may have 
served x said extra compensation being in consideration 
of extra night service. 

The Journal of this day's proceedings was read and 
approved. 

The hour of 12 o'clock p. 3L arrived, and the Speaker 
declared the House adjourned sine die. 



INDEX. 



A. 

ANDERSON, W. D 12 21107 110 143 

ANDERSON, W P 107 

ATKINSON, A. F 78 119 

ALLRED, J. M 225 

ABSENCE — Leave of granted to — 

Mr. Allred 443 488 

Mr. Bateman 12 172 

Mr. Barron 129 287 

Mr. Baker 163 

Mr. Barksdale 129 49,4 

Mr. Battle 447 

Mr. Bell 1G1 426 

Mr. Beaseley 151458 

Mr. Blue 494 

Mr. Booth 95 287 296 443 

Mr. Brady 20 151 

Mr. Brown 105 

Mr. Braddy 151 

Mr. Brawner 161228 

Mr. Bruton of Decatur 211495 

Mr. Bush 400 

Mr. Butts 140 426 

Mr. Bunn 151 

Mr. Cato ™ 296 

Mr. Carlton 129 458 

Mr. Chancey 140 487 

Mr. Chastain 487 

Mr. Clark of Troup 296 

Mr. Clower 93 

Mr. Clements ...140494 

Mr. Cloud 211 2G6 

Mr. Colby 92 95 339 

Mr. Cox 10r > 

Mr. Converse 44 3 

Mr. Collins 19; ^ 

Mr. Craig 1Qr> 



502 INDEX. 

ABSENCE— Continued. 

Mr. Cumming 318 

Mr. Davenport 129 

Mr. Davis of Clarke 414 

Mr. Dell 105 192 

Mr. Emerson ...... 151 

Mr. Etheridge 95 

Mr. Farmer 495 

Mr. Field 443 

Mr. Flynt 172 

Mr. Glover 161495 

Mr. Graham 360 

Mr. Griffin of Twiggs 105 211495 

Mr. Guyton 12 260 414 

Mr. Harvey 193 392 

Mr. Hammond ITS 

Mr. Hancock 161 

Mr. Hall of Upson 161 

Mr. Hendley 192 287 

Mr. Heidt 192 

Mr. Hooks 193 

Mr. Howell 172 

Mr. Hudson 161 

Mr. Hunter 192 

Mr. Jackson , 161 

Mr. Johnson of Jefferson 105 151 296 414 

Mr. Johnson of Spalding . 114 

Mr. Johnson of Clay 210 

Mr. Jones of Gwinnett 129 192 

Mr. Jones of Hart 140 494 

Mr. Kennedy 414 

Mr.Killian 426 

Mr. Knowles 151 

Mr.Lamkin 339 487 

Mr.Lewis 443 488 

Mr. Lipsey 172 488 

Mr. Mann 414 

Mr. Mansfield 495 

Mr. Mattox 494 

Mr. McWhorter 39 161 339 42G 494 

Mr. McConnell 426 

Mr. McMillan 426 

Mr. Moreland 39 152 

Mr. Morris 287 

Mr. Murphy of Burke 192 

Mr. Netherland 426 

Mr. Ormond 172 178 227 487 

Mr. O'Neal 494 



INDEX. 503 

ABSENCE— Continued. 

Mr. Patillo 92 

Mr. Palmer 105 

Mr. Paxton 443 

Mr. Peeples ... 105 

Mr. Pierce .' 20 228 

Mr. Pou 211 

Mr. Putney 192 

Mr. Rawls 101 

Mr. Reid 443 

Mr. Riley 105 

Mr. Ross 115 

Mr. Roundtree 211 

Mr. Rutherford 92 266 

Mr. Sargent 95 

Mr. Scott 95 

Mr. Sellers 193 

Mr. Simmons of Hall 105 

Mr. Simmons of Houston 494 

Mr. Smith of Coweta 161339 

Mr. Smith of Oglethorpe 488 

Mr. Speaker 142 152 162 

Mr. Stovall 105 318 487 

Mr. Taylor 173 

Mr. Tarver 211 

Mr. Whatley 95 

Mr. Williams 140 

Mr. Wofford of Banks 105 

Mr. Wood 151 

Mr. Woodall 20 

Mr. Woodward 151 

BRADY.WRIGHT 20 119 

BACON, AUGUSTUS O. .. .24 52 55 64 84 106 144 218 369 448 

BRADDY,W G 38 

BEASELEY, A 39 280 

BUSH. J. A 50 55 75 93 117 236 

BAKER, J. H 51225 

BOWIE, C. L 52 226 

BUNN,M.H 53 98 118 280 

BELL, A. C 78 

BALLANGER, M. R 108 

BRYAN,G.W 116 122 139 223 

BARRON, SAMUEL 116 224 

BATEMAN, W G 119 227 

BAKER, C.H 218 



o04 INDEX. 

BERRIEN, THOMAS M 219 

BARKSDALE, L. J . . • . 281 

BILLS— 

To repeal act to make it lawful for legal voters of the city of 
Atlanta to vote for Mayor in any one ward of saideitj-, etc., 

12 °1 '» 
To alter the law in relation to interest on money . . . . .12 59 
To make it penal for laborer to abandon his employer before 

expiration of term of contract 12 59 88 

To alter and amend section 250 of the Code 12 59 89 

To provide for special election for Governor, to fill unexpired 

term of R, B. Bullock 18 58 93 

To make purchase, sale, receipt or delivery of agricultural pro- 
ducts between sunrise and sunset unlawful, in certain 

counties 20 61338 

To appoint Commissioners to investigate affairs of this State, 

20 58 174 

To provide for the election of a Governor 30 00 89 168 

To repeal act passed by the General Assembly of 1870, to 
change line between counties of Lowndes and Berrien, 

30 00 80 
To explain and alter sections 244 and 4841 of the Code. .30 58 88 
To alter and amend section 3044 of Irwin's Code, relating to 

fees of Clerk of Superior Court 36 58 89 

To change the line between the counties of Carroll and Doug- 
las 30 00 317 

To fix the compensation of the members of the General As- 
sembly ...36 58 

To require defendants in actions for recovery of real estate, 

to file abstract of title 30 58 104 

To restore jurisdiction of Notaries Publics and Justices of the 

Peace in Twenty-Ninth Senatorial District. 30 58 89 

To fix the per diem pay of the members of General Assembly 

30 01 212 228 
To change the time of holding the Superior Courts in Colum- 
bia and McDullie 30 01 04 

To alter and amend section 178 of Irwin's Revised Code 36 01 

To incorporate the Van Wert Slate Mining Company. . .37 61 64 
To alter and amend section 2023 of Irwin's Revised Code. . .37 58 
To compensate grand and traverse jurors of Superior Court of 
DeKalb, and to authorize Tax Collectors to receive jury 

certificates for county taxes. 37 58 88 

To incorporate the Excelsior Slate Mining Company 37 60 80 

To repeal act to extend lien of set-off and recoupment. ...37 58 

To repeal act to organize the District Court 37 58 95 

To create the office of County Commissioners, and prescribe 
their duties 37 58 



INDEX. 505 

J3ILLS — CoNTINtED. 

To alter and amend the road laws of this State 37 58 164 

To authorize the voters of Fannin county to elect an Ordinary 

37 59 317 

To amend the charter of the Memphis Branch Railroad Com- 
pany 37 59 88 

To amend act to authorize Mayor and Council of Rome to sub- 
scribe not exceeding one hundred thousand dollars of stock 
in Memphis Branch Railroad Company 37 CO 80 

To create a Board of Commissioners in counties of Floyd, Ber- 
rien and Effingham 37 59 317 

To order a special election for Governor of this State . . 37 60 167 

To incorporate the Rome & Raleigh Railroad Company ... 37 60 244 

To exempt firemen from jury duty 38 59 166 

To amend section 3687 of the Revised Code of Georgia... 38 59 317 

To amend act to authorize Mayor and Council of 'Atlanta to 
provide for introduction of -water-works. . .. ...38 59 166 

To authorize payment of ten per cent interest on one hundred 
bonds of one thousand dollars each, by Scofield Rolling 
Mill Company 38 59 166 

To repeal act to change county of Glascock from Northern to 
Middle Judicial Circuit 38 59 167 

To repeal act to extend lien of set-off and recoupment 38 59 

To authorize Tax Collector of Gwinnett county to pay over to 
the Ordinary the State tax for 1871 38 61 167 

To alter road laws of this State so far as applicable to the 
county of Gwinnett 38 

To protect all persons in this State in their civil rights. . . .38 60 

To repeal act to organize a. criminal court for each county in 
this State 38 59 165 

To repeal act to declare poll tax for years 1868, 1869 and 1870, 
yet uncollected, illegal, and to prevent collection of same, 

39 61 81 

To lay out and form a new county by the division of the county 
of Jefferson 39 60 381 

To confer certain privileges on John T. Whitsett, of Lee 
county 49 69 164 

To change the line between the counties of Lee and Ten-ell, 

49 68 164 

To change the line between the counties of Mcintosh and 
Liberty ..50 07 SI 

To compensate physicians for medical services rendered paupers 
in this State 50 08 166 

To repeal act to organize District Court, so far as relates to 
Twenty-Ninth Senatorial District 50 05 16.5 

To authorize William Jones, of Meriwether county, to peddle 
without license 50 68 

To reduce per diem pay of members of this General Assembly, 

50 67 



506 INDEX. 

BILLS — Comix led. 

To make a second conviction of playing and betting punisha- 
able by imprisonment in Penitentiary 50 65 1C3 

To authorize a counter-showing to a motion for a continuance 
in courts of this State 50 67 166 

To alter and amend section 2267 of Irwin's Code 50 69 167 

To alter and amend section 3472 of Irwin's Code 50 65 236 

To repeal act to alter and amend section 4245 of Irwin's Re- 
vised Code, etc 50 65 237 

To make penal the breach of contract for labor and service, 

50 65 314 

To authorize County Commissioners of Pike to audit claims of 
officers for extra services 51 67 81 

To authorize the Mayor and Council of Cuthbert to issue bonds 
for educational purposes ..51 68 166 

To repeal section fourteen of act to carry into effect the second 
clause of the thirteenth section of the fifth article of the 
Constitution, so far as same applies to counties of Rabun, 
Habersham, Towns and Union 51 69 

To repeal act to amend and secure the proceeds, profits or rents 
arising from homesteads in this State 51 65 236 

To increase pay of jurors in county of Randolph . . .51 68 166 

To limit the lien of judgments of Justices' Courts 51 65 88 

To repeal twenty-second section of act for raising revenue for 
political year 1869 5169 165 

To repeal so much of act to organize District Courts as is ap- 
plicable to Seventeenth Senatorial District 51 66 239 

To bring on an election for Governor, to fill unexpired term of 
R.B.Bullock 51 66 

To prohibit and make penal the sale of farm products by tenant 
or laborer, in counties of Telfair and Dodge 51 65 317 

To incorporate LaGrange Banking & Trust Company. . .52 68 237 

To repeal section 121 of Irwin's Revised Code 52 66 321 

To change the line between the counties of Upson and Pike, 

52 68 237 

To repeal act to fix salaries of Judges of Supreme and Superior 
Courts 52 66 317 

To prescribe the mode of repealing the Code 52 66 239- 

To alter and amend section 178 of Code of Georgia, to reduce 
per diem pay of officers and members of General Assembly, 

52 68 

To amend section 2261 of Irwin's Code 52 66 265 

To provide for an election of an Ordinary for county of Wil- 
cox 52 69 320- 

To legalize the action of the Clerk of Superior Court of Wil- 
cox county, as Ordinary 52 66 237 

To repeal District Court bill so far as relates to the Twenty- 
First District 52 66 238 



INDEX. 507 

BILLS— Continued. 

To provide for opening and clearing out Cedar Creek 52 68 258 

To abolish City Court of the city of Macon 52 67 81 

To change the boundaries of Wayne, Glynn and Camden coun- 
ties 52 68 239 

To compensate grand and traverse jurors of the county of Polk, 

53 67 81 
To repeal act consolidating offices of Tax Receiver and Collec- 
tor for Charlton county 53 66 237 

To fix the time of holding Superior Court of Charlton county, 

53 66 166 
To amend paragraph 632 of Irwin's Code, and also to allow 

Coroner certain fees 53 66 237 

To punish any person or persons who shall presume to perform 
the duties of Constable in city of Savannah, unless he or 

they have been elected 53 66 237 

To authorize the revision of the jury box in the county of 

Cherokee 53 69 110 

To repeal so much of act to create two new judicial circuits as 

relates to creation of Allapaha Circuit 53 66 327 

To authorize agents and attorneys at law of defendants to make 

oathtopleas 53 66 237 

To change the line between the counties of DeKalb and Gwin- 
nett 53 68 241 

To prohibit and make penal the sale of any farm products, 

etc., in county of Dooly 53 67 320 

To change the time of the meeting of General Assembly. 53 69 80 

To legalize the revision of the jury boxes 54 67 320 

To change the charter of the University of Georgia 54 69 88 

To regulate the return and trial of causes at law and in equity 

in the Superior Courts 54 67 244 

To provide for certain sales, with right of redemption by the 

vendor, etc 54 67 244 

To prohibit the granting of license to retail spirituous liquors 

within corporate limits of Gainesville 54 67 429 

For the relief of M. J. Griffin 54 67 244 

To repeal act to create Allapaha Judicial Circuit 53 321 

To repeal act to provide for an election, etc 64 78 88 

To authorize the Clerks of Superior Courts in counties of 
Lowndes, Coffee, Echols, Clinch and Ware to issue writs, 

etc 65 154 258 

To make it legal for Sheriffs, Constables, and other levying 
officers to sell personal property, without exposing same 

before court-house door 74 89 244 

To increase the pay of jurors in Stewart county 74 90 263 

To amend act to amend act to incorporate Habersham & Union 

Turnpike Company 75 91 257 

To amend sectiod 2261 of Irwin's Revised Code 75 89 



f><)8 INDEX. 

BILLS — Continued. 

To increase the pay of jurors in the county of Miller .75 90 204 

To incorporate the town of Colquitt 75 90 2G3 312 

To require all persons owning land in the county of Miller to 
give in and pay taxes thereon in said county. . . .75 90 337 

To protect human life T5 89 2G5 

To re-estahlish the vendor's lien To 89 2G4 

To more effectually prevent the carrying of concealed weapons 

To 89 2G5 
To change the county of Macon from the Southwestern Circuit 

to the Macon Judicial Circuit To 91 204 

To change the county site of Macon county . . . . To 90 204 
To provide for the registration of the legal voters of Liberty 

county To 90 321 

To incorporate the Dollar Savings Bank of Fort Yallcy To 90 2G1 
To require owners of wild and unimproved lands in this State, 
to return and pay taxes on the same, in the counties where 

the lands are situated To 90 351 

To repeal an act to change the time for the annual meeting of 

the Legislature To 90 322 

To alter and amend section 3895 of Irwin's Revised Code. To 90 258 
To authorize the town council of the town of Calhoun to aid 
in construction of North Georgia & North Carolina Hail- 
road T6 90 2,37 

To amend and alter and add to the several acts incorporating 

town of Calhoun TO 90 2G3 

To appropriate certain moneys for compensation and reim- 
bursement of Samuel Weil TG 157 204 

To amend charter of the city of Atlanta, by providing for the 

election of a Recorder and Auditor TG 154 258 

To establish a City Court for the city of Atlanta. . . TG 154 320 

To increase the pay of jurors TG 157 204 

To prescribe the manner in which official bonds and bonds in 

legal proceedings shall be taken and approved, etc. .TG 154 2Go 
To change the line between the counties of "Walker and Dade 

TG 158 317 
To make it unlawful for any person to sell property incum- 
bered by mortgage or lien, etc . . TG 155 

To change the line between the counties of Clay and Calhoun 

TG 107 2G3 
To authorize the Tax Collector of Cherokee county to pay to 
Ordinary the State tax for 1871, to aid in building a court- 
house TG 156 205 

To repeal so much of section G99 of Irwin's Code as exempts 

teachers, students, etc., from road duty 77 154 

To change the time of holding the Superior Courts of Catoosa 

county 77 159 258 

To change the time of holding the Superior Courts of Campbell 
county 77 159 258 



INDEX. 509 

BILLS — Continued. 

To change the time of holding the Superior Courts of Camden 
county 77 154 258 

To provide for the levying and collecting of a tax for the pay- 
ment of insolvent criminal costs due Sheriff and Clerk 
Superior Court of Chatham county 77 157 382 

To prohibit and make penal the purchase or sale of agricultural 

products between sunset and sunrise 77 158 368 

To repeal an act to amend section 3151 of the Revised Code 

77 155 331 

To repeal the first and second sections and alter and amend 
the third section of an act to prescribe practice in cases of 
injunctions, etc 77 155 332 

To extend the right to unite parties in matrimony to all prac- 
ticing attorneys 77 155 821 

To repeal an act to authorize payment of costs to officers of 
court of Bartow county 77 156 258 

To increase the pay of jurors of Bartow county. ... 77 159 258 

To amend an act incorporating the Atlantic & Great Western 

Canal Co 78 159 258 

To increase the pay of grand and traverse jurors of the county 
of Troup 78 157 264 

To repeal part of section eight of an act to incorporate town of 
Preston 78 159 258 

To amend the laws of this State in relation to garnishment. 78 155 320 

To prohibit the ordinances and laws of the city of Darien from 
conflicting with the interests and rights of parties shipping 
timber to said port •. 78 loo 

To protect the public roads of Thomas county 78 155 321 

To add the counties of Clinch, Echols and Lowndes of the 
Allapaha Circuit, to the Southern Circuit 106 155 356 

To create and organize a new judicial circuit out of counties 
composing Southern, Macon and Middle Circuits. .106 155 856 

To levy and collect a tax from the owners of dogs In this 

State 106 158 

To amend article seven, section two, of the Constitution of the 
State, upon two-thirds vote of present and next succeeding 
Legislature 106 155 

To repeal certain sections of an act to charter the Georgia Mu- 
tual Fire & Life Insurance Company 106 159 258 

To incorporate the Commercial Bank of Alb airy .. .106 159 1GO 

To establish a permanent Board of Education for the county 
of Bibb 106 158 287 

To authorize Tax Collector of Butts county to pay to Ordinary 

of said county taxes collected for year 1871 106 157 265 

To authorize Ordinary of Campbell county to issue bonds, 

106 159 25S 

To direct Tax Collector of Cobb county to pay the Ordinary 
the taxes for 1871, for certain purposes 107 157 



510 INDEX. 

BILLS— CONTINUED. 

To require owners of lands in Charlton county to pay taxes 
thereon in said county. 106155 

To create a Board of Assessors in each county in this State, 

107 157 265 

To repeal an act prohibiting the leasing or hiring of Peniten- 
tiary convicts 107 159 265 

To require the owners of lands in the county of Clinch to re- 
turn and pay taxes thereon in said county 107 155 

To regulate the pay of grand and petit jurors in Cobb county, 

107 157 264 

To direct Tax Collector of Cobb to pay Ordinary of said county 
taxes of 1871 107 264 

To amend the charter of the town of Acworth 107 159 258 

To change the line between the counties of Coffee and Ware, 

107 158 258 
To authorize the Ordinary of Cobb county to issue bonds. .107 158 

258 

To incorporate the town of Sharpsburg 107 158 259 

To amend section three of an act to alter and amend act to ex- 
tend and define limits of town of Newnan 107 158 259 

To altei' and amend section 178 of the Revised Code 107 157 

To authorize and require Tax Collector of Dawson county to 
pay to county Treasurer State tax for 1871, for rebuilding 

jail ■ 107 157 264 

To alter and amend the road laws of this State, so far as relates 

to the county of Dawson 108 159 259 

To regulate fees of Solicitors General 108 156 

To change time of holding Superior Courts in Elbert and Hart 

counties 108 156 259 

To legalize adjournment of Superior Court of Elbert county, 

108 156 320 
To establish a lien in favor physicians and school teachers, 

108 157 265 
To repeal an act to establish a sj-stem of public instruction. . . 108 

158 265 
For the relief of O. P Anthony, Tax Collector of Clay county 

108 152 230 

To incorporate the town of Whitney 108 158 320 

To amend acts incorporating village of Cave Springs. .108 150 259 
To empower Judges of Superior Courts to appoint auditors in 

cases at law 108 156 259 

To amend the law in reference to wills made in another State 

108 156 322 
To amend the laws respecting nuncupative wills. .108 156 320 
To authorize the reception of depositions during recess of 

courts, etc 108 156 287 

To change the laws of distribution so far as it affects the prop- 
erty of married women 108 204 320 



INDEX. 511 

BILLS — Continued. 

To prevent and make illegal the collection of costs in any 

cause in -which the State may be a party, etc. . . .109 204 321 
To amend act to carry into effect the second clause of the thir- 
teenth section of the fifth article of the Constitution, 109 

204 321 

To incorporate the town of Resaca 109 209 321 

To alter and amend section 1640 of Irwin's Revised Code, 109 

204 321 
To provide for the ditching and draining of land. . . .109 209 423 

To make slander or oral defamation criminal 109 204 321 

To change the county site of county from Watkinsville to 

Athens 109 322 

To alter and amend section 3178 of Irwin's Revised Code. .109 204 

321 
To repeal section 2343 of Irwin's Revised Code. . . .109 204 321 

To alter and amend sections 649 and 699 of Irwin's Code 320 

To compensate the Clerk and Sheriff for services rendered in 

District Court of Richmond county 109 208 287 

To incorporate an Agricultural Land Grant Board. ..109 210 424 
To alter and amend the several sections of Irwin's Revised 

Code from section 2716 to 2730 109 204 321 

To repeal twentieth section of act approved October 25, 1872 

110 167 241 
To alter and amend the several acts incorporating the city of 

Milledgeville 115 205 321 

To alter and amend section 1977 of Code of Georgia 209 424 

To restrict the operation of the several sections of Irwin's Re- 
vised Code, from section 2333 to 2346, in counties of Hart 

and Habersham 116 205 351 

To alter and amend section 4476 of 'the Code 116 205 338 

To enforce contracts of immigrants and laborers, etc. .116 205 338 
To create a Board of Commissioners in Liberty county, 116 208 347 
To alter and amend act to fix compensation for taking down, 

in writing, evidence on charges of felony 116 205 332 

To organize a new judicial circuit 116 206 337 

To amend act to establish a system of public instruction, so far 

as relates to the county of Lumpkin 116 210 360 

To amend road laws of this State, so far as relates to Lumpkin 

county .116 205 332 

To authorize Tax Collector of Madison county to receive jury 

certificates in payment of taxes 116 208 332 

To constitute a Board of Commissioners for the county of Mer- 
iwether 116 209 332 

To authorize and require Tax Collector of Meriwether county 

to keep his office at the court-house of said county, 116 206 332 
To amend the seventh paragraph of section 1711 of Irwin's Re- 
vised Code 116 206 337 



512 INDEX. 

BILLS — CuNTlXUKD. 

To incorporate the town of Rutledge 117 210 332' 

To prevent the sale of spirituous liquors within a mile of Clem- 
ent's Institute 117 206 332 

To amend an act to amend and secure the profits or rents aris- 
ing from homesteads 117 206 360 

To amend the laws in relation to dower. 117 205 

To prohibit parties from driving or carrying away stock from 
their own ranges 117 209 GoS- 

To amend an act incorporating the town of Morgan. . .117 209 358 

To regulate lost time of laborers 117 209 360- 

To authorize Sheriffs and other levying officers to collect adver- 
tising fees, etc 117 205 359 

To alter and amend an act to amend the charter of the city of 

Columbus 117 210 358- 

To authorize parties in certain cases to file bills of exception 

in certain cases 117 205 360' 

To provide for payment of a portion of the fund raised for 

school purposes to the city of Columbus. .. .117 207 360' 

To incorporate the Merchants' & Mechanics' Savings Bank of 
Columbus 117 208 370 

To amend section 4420 of the Code of Georgia 117 206' 

To organize a State Board of Agriculture 117 209 

To render certain slanders penal, etc .117 207 424 

To regulate the pay of grand and traverse jurors in Paulding 
county 118 207 382 

To create a Board of Commissioners of Roads and Revenue In 
the county of Paulding 118 209 382 

To change the line between the counties of Bartow and Polk, 

118 208 385 

To exempt physicians from jury duty 118 208 385 

To make it criminal for persons to hunt upon the lands of an- 
other 118 209 385 

To authorize persons who have purchased real estate in the 
county of Rabun to have deeds recorded, etc. . . .118 206 385 

To ascertain amount of insolvent criminal cost yet due and 
unpaid officers of County Court . . .118 207 

To repeal act to create Board of Commissioners of Roads and 
Revenue in Richmond county 118 207 385 

To prevent sale of farm products between sunset and sunrise 
in counties of Richmond and Burke 118 209 409 

To authorize Jonathan Rose to make settlement with Sterling 
/ G.Carter 118 207 

To amend the laws in relation to the punishment of capital 

offenses 119 206 424 

To require defendants in certain cases to pay the costs before 
filing affidavits of illegality 119 206 424 

To abolish the District Courts of this State 119 206 424 



INDEX. 513 

BILLS — Continued. 

To organize a criminal court for each county of this State, 

119 206 

To incorporate the town of Leeton .119 210 422 

To amend the several acts consolidated and approved February 

9, 1869, incorporating the town of Lumpkin 119 210 422 

To compensate grand and petit jurors of the county of Sumter, 

ft 119 207 424 

To alter and amend an act, assented to October 6, 18G8, 119 206 423 
To repeal an act to change the county site of Telfair county, 

119 208 382 
To declare of whom juries shall be composed. . . .119 206 424 
To authorize the citizens of Thomasville to elect certain offi- 

, cers 119 210 377 

For the relief of George C. Edwards 119 207 428 

To alter and fix the pay of grand and traverse jurors and bailiffs 

of the Superior Courts of the county of Terrell. . .119 206 422 
To authorize the Mayor and Council of LaGrange to issue 

bonds to aid in building railroads 120 207 341 

To amend an act to confer additional powers upon the Mayor 

and Council of the city of LaGrange 120 208 347 

To authorize the revision of the jury box in the county of 

Twiggs 120 206 423 

For the relief of William Gibson and Lewis DeLoach of the 

county of Upson 120 206 424 

To protect credit of this State in lending aid to railroads. . . 120 210 
To change the time of holding the Superior Courts of the Flint 

Circuit 120 206 359 

To prescribe the manner in which lunatics, idiots, etc., shall 

be committed to Lunatic Asylum 120 210 422 

To change the time of holding Superior Court in county of 

"Worth 120 206 374 

To more effectually protect religious worship in the State of 

Georgia 120 206 374 

To repeal sections 4-180, 4664, 4665, 4666, and 4667 of Irwin's 

Code 379 

To incorporate the Georgia Industrial Agency .. ..131208 377 
To authorize the authorities of Dalton to purchase and donate 

lands to Selma, Rome & Dalton Railroad 131 209 374 

To authorize the authorities of Dalton to issue bonds for edu- 
cational purposes 131207 347 

To establish a system for working public roads 131 209 377 

To incorporate the town of Tilton 131 209 374 

To prevent the killing or hounding of deer in certain counties 

131 209 373 
To require Tax Collector of Ware county to receive county 

scrip for taxes due county 131 207 374 

To extend jurisdiction of City Court of Augusta. .131 204 374 

32* 



514 INDEX. 

BILLS — Continued. 

To establish an annuity for certain persons therein designated 

131 207 

To authorize Ordinary of Kandolph county to issue bonds to 
build court-house 132 207 374 

To authorize Calloway Campbell to erect a mill-dam across 
Connasauga river 132 210 374 

To authorize sale of p0-sonal property at any place within lim- 
its of Milton county 132 205 377 

To allow persons to make returns of taxable property to Clerk 
of Superior Court, etc 132 205 377 

To prevent fraud in laying off the homestead and exemption 
of personalty 132 205 

To regulate system of farming out Penitentiary convicts . . 139 210 

377 

To require all declarations and defenses at common law to be 
complete, etc 139 205 377 

To alter and amend section 2850 of Irwin's Code 139 205 377 

To alter and amend section 689 of Irwin's Code. . . . .139 205 377 

For the relief of Charles Latimer 139 207 377 

For the relief of Mary A. Edmondson 139 207 378 

To provide for the payment of grand and petit jurors of the 
county of Fayette 143 208 374 

To revise jury-box of Fayette county 143 245 378 

To lay out a new county from counties of Coweta, Spalding, 
Fayette and Meriwether 143 250 377 

To repeal act to consolidate offices of Tax Receiver and Col- 
lector of Dade county 143 245 374 

To authorize Ordinary of Early county to levy tax to supply 
paupers with medicines 143 248 424 

For the relief of B. Chancey 143 248 374 

To change line between counties of McDuffie and Columbia, 

143 250 332 

To regulate the wages of laborers, in certain cases, in Clarke 
county 143 245 378 

For the protection of Clerks of Superior Courts and Sheriffs of 
this State 143 245 378 

To incorporate the Mutual Protection Insurance Company, 

143 250 321 

To make the compensation of grand, tales and petit jurors of 
counties of Taylor and Chattahoochee, two dollars per day, 

143 245 378 

To amend act to establish and incorporate a medical college in 
Savannah 143 252 358 

To exempt from jury duty in Chatham county all licensed phy- 
sicians 143 245 359 

To amend act to alter and amend several acts incorporating 
city of Macon _ 144 245 331 



INDEX. 515 



BILLS — Continued. 



To incorporate the Exchange Bank of Macon 144 252 334 

To incorporate the College of Pharmacy and Health in city of 

Macon 144 250 378 

To incorporate the Macon & Chattahoochee Railroad Company, 

144 249 373 
To authorize Nathan Chapman to exhibit sleight of hand free 

of taxes • 144 245 378 

To amend act incorporating town of ISTorcross 144 250 422 

To incorporate town of Dublin 144 250 378 

To alter and amend third paragraph of section 2448 of Irwin's 

Code 144 245 

To regulate pay of jurors in county of Clayton 144 248 378 

To require Ordinaries of several counties to specify in their 
orders on County Treasurers the fund out of which said or- 
der ought to be paid .146 272 449 

To amend section 4428 of the Code 140 272 405 

To amend the attachment laws of this State 146 273 

To provide for the payment of the debt of Clarke county. 146 

273 449 

To alter and amend and add to the law of arson 146 272 405 

To allow plaintiffs in error to recover damages in certain 

cases 146 272 449 

To change the county-site of Clarke county from Watkinsville 

to Athens 146 152 192 

To regulate the practice of dentistry in this State . 146 273 405 

To repeal an act to organize the District Court 147 272 450 

To repeal act to make permanent the site of the public build- 
ings of Heard county, and to incorporate the town of 

Franklin 147 272 292 

To amend act to prescribe practice in cases of injunction and 

other extraordinary remedies in equity 147 271 449 

To amend act to incorporate town of Hawkinsville 147 273 449 

To alter and amend section 649 of the Code 147 271 434 

To confer additional powers upon the authorities of the town 

of Barnesville 147 271404 

To repeal the usury laws of this State, etc 147 162 315 

To repeal act to amend act, assented to August 27, 1870.147 271 449 
To incorporate the Savannah & Thunderbolt Railroad Com- 
pany 147 272 405 

To repeal and alter the punishment prescribed in certain sec- 
tions of the Code 147 272 450 

To amend act to open and construct a railroad from Athens, 

Ga., to Clarkesville, etc 147 273 449 

To change the time of holding the Superior Courts of Talbot 

county 147 271405 

To amend act to create a Board of Commissioners for the 
county of Glynn 147 272 293 



516 INDEX. 

BILLS— Continued. 

To incorporate the Chattahoochee Manufacturing Company 

147 273 404 
To prescribe for suits against joint obligors in City Court of 

Savannah 148 271464 

To amend section 4779 of the Code 148 272 466" 

To provide for the mode of filling vacancies in the office of 

Ordinary 148 271 466 

To incorporate the town of Eastman 148 272 464 

To amend act to amend section 2741 of the Code 148 271 405- 

To create a Board of Commissioners of Roads and Revenue in 

the county of Dawson 148 271464 

To repeal act to provide for an election and to alter and amend 

the law in relation to holding elections 148 272 

To amend act to incorporate the Lookout Mountain Railroad 

Company 159 249 347 

To incorporate the Georgia Diamond Mining Company. 167 250 358 

To incorporate the town of Lawtonville ..167 250 347 

To change the time of holding Superior Courts in Middle Cir- 
cuit .. 172 245 257 

To fix the compensation of grand and petit jurors in the coun- 
ties of Rabun and Towns 287 

To alter and amend acts incorporating town of Sandersville, 

etc 172 250 263 

To endow the University of Georgia 191 249 

To change the time of holding the Superior Court of Richmond 

county 191245 287 

To amend the usury laws of this State 191 245 375 

To provide for the payment of taxes due by employees. 191 248 380 
To alter and amend sections 1035 and 1038 of the Revised Code 

211 236 241 
To prescribe who shall be jurors in certain cases in Baldwin 

county 217 246 381 

To regulate labor in the county of Baldwin 217 246 381 

To amend act to incorporate town of Adairsville. . . .217 246 423 
To prevent any city, town, or village from imposing tax on 

land held for agricultural purposes 217 254 265 457 

To require Tax Receivers to take, with tax returns, number 

acres of lands in different cereals 218 249 381 

< To reduce the bond of the Sheriff of Banks county 218 24G 378 

To authorize the Tax Collector of Banks county to receive 

jury certificates for county taxes 218 253 259 

To repeal certain sections of the Code therein named. . . . .218 246 
To amend the homestead laws of this State . . .218 246 421 

To protect the people of Georgia from illegal issue of bonds, 

etc 218 253 332 

To change the time of holding the Superior Courts of Macon 

Circuit .. .218 253 259 



INDEX. 517 

BILLS — Continued. 

To alter and amend the road laws of this State, so far as relates 

to the county of Bibb • 218 246 279 

To legalize the county tax levied by the Ordinary of Dough- 
erty county .' 218 246 420 

To amend an act to compel non-residents to pay taxes on cattle 

grazing in Colquitt county 218 249 420 

To repeal all local road laws of the county of Bryan. . .219 253 259 

To amend section 2532 of the Code of Georgia . . . 211 248 

Relating to fences and the protection of crops 219 252 451 

For the relief of Jackson, Lawton & Bassinger 219 249 356 

To appoint a commission for certain purposes 219 248 421 

To endow the Atlanta University 219 252 421 

To change the name of Bowdon Collegiate Institute. .219 254 421 
To give Ordinaries authority to issue attachments. . . .219 246 421 
To consolidate the Chattooga Coal & Iron and Trion Railway 

Companies 219 251357 

To change line between Catoosa and "Walker counties, 219 250 378 

To amend section 3434 of Irwin's Code 219 246 420 

To amend the charter of the town of Port Gaines . 219 252 421 

To organize a County Court in the county of Clay 219 246 

To amend section 650 of the Code 219 248 421 

To regulate and fix the pay of grand and traverse jurors of the 

county of Crawford 220 253 378 

To amend an act incorporating the town of Thomson. . 220 251 420 
.For relief of William Hamby and Adaline Hendricks. .220 246 421 
To incorporate the Stone Mountain, Lawrenceville & Athens 

Railroad Company 220 251 359 

To amend act amendatory of act to incorporate town of New 

Gibraltar 220 251420 

To alter and amend the wild land laws of this State.. .220 249 421 
To incorporate the Atlanta & Tennessee Railroad Company, 

220 251 347 

To incorporate the Gate City Insurance Company 222 251 347 

To extend the right of dissolving garnishments to persons other 

than defendants •• .222 248 357 

To amend section 4026 of Irwin's Code 222 245 422 

To incorporate the Atlanta & Monticello Narrow-Gauge Rail- 
road Company 222249420 

To grant relief to John Caldwell, of Fulton county 222 245 

To amend act to incorporate Home Fire & Marine Insurance 

Company "-"' " 01 

To authorize investment of trust funds upon certain terms and 

conditions 222 246 430 

"To change line between counties of Fulton and Campbell, 

222 250 429 

To create a Board of Commissioners for the county of Screven, 

222, 246 348 



518 INDEX. 

BILLS — Continued. 

To amend act to extend limits of town of Hartwell. .222 251 429 

To amend section 1626 of Irwin's Code 223 246 430 

To submit to legal voters the subject of abolishing enclosures 

to farms in this State 223 252 430 

To incorporate the Macon & Knoxville Railroad Co . . .223 249 320 
To allow William M. Hunnicutt to peddle without license, 

223 253 429 
To authorize Ordinary of Gwinnett county to issue bonds to 

raise money to build court-house 223 253 258 

To amend laws in relation to receiving jury certificates in pay- 
ment of county taxes in White and Habersham. .223 253 429 

To repeal act incorporating town of Gainesville 223 251 352 

To incorporate town of Jefferson 223 251 421 

To prohibit sale and purchase, in Jefferson count}-, of agricul- 
tural products after dark 223 252 432 

To incorporate the. city of Fort Valley 223 251 410 

To change the fees of officers of court so far as applies to 

Sheriffs of this State 223 247 429 

To require Justices of the Peace or Judicial Notaries to return 
to Receiver of Tax Returns all persons liable to pay taxes 

224 247 424 
To create a Board of Commissioners of Roads and Revenue in 

the county of Houston 224 247 

To amend act to establish system of public instruction . 224 252 345 
To consolidate offices of Sheriff and Tax Collector in county of 

Jones 224 247 40G 

To incorporate the town of Clinton 224 251 422 

To compel owners of wild and uncultivated land to register 

said lands in county where land lies 221249 469 

To amend section ten of an act providing for setting apart a 

homestead 224 247 

To prescribe by law for jurors in county of Monroe.. . .224 247 469 
To change the line between counties of Forsyth and Milton, 

224 250 432 
To amend an act to incorporate Grand Lodge Knights of 

Jericho 224 251357 

To authorize the Governor to pay treasurer State Agricultural 

Society amounts due, etc 225 249 

To exempt certain parties from road duty in the county of 

Pickens 225 253 428 

To change the line between the counties of Pickens and 

Gilmer 225 250 428 

To repeal the school law of 1870 225 252 429 

To regulate the levying of taxes in the county of Pierce. 225 249 429 
To require Tax Collector of Pierce county to receive jury cer- 
tificates in payment of taxes 225 249 428 

To compensate grand and petit jurors of Pike county .225 246 432 



UNIMEX. 519 

BILLS — Continued. 

To change the line between counties of "Wilcox and Pulaski 

225 250 383 
To make it a misdemeanor for any person, in the night time, to 
deliver or receive the products of a farm in Pulaski county, 

225 253 428 
To amend act to amend act to protect planters in the sale of 

fertilizers 225 252 429 

To make it unlawful for Mayor and Council of any incoporated 
city to levy tax on eotton sales 225 248 430 

For raising a revenue and for support of government, etc. .225 248 

392 

To authorize the Ordinaries of this State to order sale of home- 
stead and personalty, when an issue is formed in relation 
to valuation 226 247 429 

To secure the costs of officers in various courts of this State 

226 248 430 
To incorporate the Farmers' & Mechanics' Loan and Trust 

Company of Cuthbert 226 252 

To amend act to incorporate proprietors of Augusta Canal. 226 253 

358 

For the relief of Catharine S. W. Fleming 226 249 470 

To promote the propagation of shad fish in the Savannah river 

226 253 373 
To amend section 635 of the Code of Georgia. . . .226 248 429 

To amend section 4203 of the Code of Georgia 226 247 

To revise jury boxes throughout the State 226 248 429 

To provide for the selling of horses, hogs and cattle that are 

levied on, etc 226 246 429 

To amend section 3599 of the Code of Georgia 226 248 432 

To prescribe by law for jurors in the county of Stewart. .226 429 
To fix the fees of Sheriff of Terrell county for keeping stock . 227 247 

To incorporate the town of Jeffersonville 227 251 422 

To amend article four, section two of the Constitution . 227 247 429 
To exempt certain maimed and disabled persons from taxation 

227 249 433 
To incorporate the Griswoldville & Jeffersonville Railroad 

Company 227 251428 

To prevent the felling of timber in the Connasauga river and 

Cohulla creek 227 252 469 

To incorporate the Dalton & Southwestern Railroad Company 

227 251 467 

To incorporate the town of Butler 227 251469 

To reduce the Sheriff's bond of Heard county 227 467 

To incorporate the city of Dawson 227 251 467 

To provide for the payment of two judgments against the State 

235 248 400 
To alter and amend act to incorporate Newnan & Americus 

Railroad Company 235 250 347 



520 IN.DJ&X. 

BILLS — Continued. 

To amend act to incorporate the town of Kingston 235 251 422 

To incorporate the Georgia & Alabama Coal and Iron Mining 

and Manufacturing Company * 235 251 406 

To prescribe who shall be jurors in certain cases 247 429 

To revive and declare of force and effect, in the county of 

Chattooga, act to organize criminal court 235 248 422 

To authorize the Ordinaries of this State to appoint constables, 

235 247 469 
To alter the road laws so far as relates to the county of Worth, 

235 S51 469 
To compel non-residents of county of Worth to pay ad valorem 

taxonsheep 235 252 467 

To provide for the levying and collection of a tax for the pay- 
ment of insolvent criminal costs in the county of Lee 235 

247 469 
To correct and amend act incorporating Atlanta & Mountain 

Railroad Company 235 249 357 

To incorporate the Grand Bay Paper Manufacturing Company, 

236 252 332 
To establish a Board of Commissioners of Roads and Revenue 

in county of Habersham 236 247 357 

To provide by law for divisions of homesteads in this State, 

236 247 469 
To authorize the Governor to order election for Ordinary in 

Sumter county 236 247 469 

To amend the road laws of this State 236 247 469 

To secure to educational purposes funds now due Department 

of Education 243 288 366 

To amend act to establish a system of public instruction. 243 267 345 
To allow maimed and indigent soldiers to peddle without li- 
cense 244 

To incorporate an insurance company in the city of Atlanta. 429 
To create a Board of Commissioners for Mcintosh county. . 254 

266 320 
To incorporate the Atlantic, Fort Valley & Memphis Railroad 

Company 254 267 357 

For the relief of James H. Winn, Tax Collector of Campbell 

county 254 267 469 

To alter and amend section 3496 of Irwin's Code 254 266 

To regulate State aid when applied to narrow-gauge railroads, 

255 267 469 
To change the time of holding the Superior Courts of the 

county of Gordon 255 266 357 

To authorize the Board of Commissioners for Liberty county 

to levy a tax on pistols, guns and dogs 255 267 348 

To change the lines between the counties of Douglas and 

Paulding, and between the counties of Douglas and Cobb, 

255 267 432 



INDEX. 521 

33ILLS— Continued. 

To authorize William J. Taylor, of Heard county, to practice 

medicine 255 267 467 

For the relief of F. M. Lofton 255 267 469 

To alter and amend an act to incorporate the Georgia Military 

Institute 255 268 399 

To repeal so much of an act as creates the Allapaha Judicial 
Circuit, and add the county of Lowndes to the Southern 
Judicial Circuit, and the counties of Echols, Clinch, Coffee 

and Ware to the Brunswick Circuit 256 289 318 

To enforce article three, section six, paragraph five of the Con- 
stitution, and to protect the interest of the State in extend- 
ing aid to railroads 263 282 469 

To repeal act to change the time of the annual meeting of the 

Legislature 266 274 293 

To protect the people of the State of Georgia against the illegal 

and fraudulent issue of bonds 266 282 470 

To amend act to incorporate town of De Soto 268 288 

To amend act to incorporate town of Clarkesville 268 288 357 

To regulate and define the rights of creditors, etc 268 288 

To authorize the revision of the jury box in Rabun county, 

268 288 422 
To merge the jurisdiction of courts of law and equity in this 

State 269 290 

To make certified extracts from books of railroad companies 

and banks evidence in certain cases 269 290 450 

To compensate Ordinaries, Clerks, etc., for certain services, 

269 291 464 
To amend act to authorize Ordinary of Lumpkin county to 

issue bonds to build a jail 269 289 

To assist the Georgia Infirmary 269 291 464 

To incorporate the LaGrange & Barnesville Railroad Company 

269 291 452 
To amend section seven of act to incorporate the Albany & 

Columbus Railroad Company 269 291 405 

To alter and amend act to incorporate town of Decatur. .269 465 

To provide for taking bonds of public officers 269 290 452 

To require Clerks of Superior Courts to provide blanks for 

taking interrogatories 269 288 465 

To make it a penal offense for any person selling spiritouous 

liquors in this State to sell liquors to minors, etc. .269 289 462 
To regulate practice of Courts on trials before juries. ..269 290 465 
To alter and amend the fee bills prescribed under section 3646 

ofCode 269288462 

To amend third section of act to set apart homestead. .269 289 465 

To relieve joint debtors by judgment 269 290 465 

To require Judges of Superior Courts to give in special charge 

to "rand juries section 1436 of the Code .269 465 



522 INDEX. 

BILLS — Continued. 

To require Judges to give specially in charge to grand juries 

sections 4489, 4490 and 4491 of the Code 269 290 465 

To amend section 4251 of the Code 270 290 452 

To repeal section 121 of the Code 270 290 457 

To enforce article five, section twelve, paragraph two of the Con- 
stitution 290 466- 

To amend act to grant to Savannah, Skidaway & Seaboard 
Eailroad Company right to construct a railway through 

Abercorn street 270 291482 448- 

To make slander a criminal offense 270 290 462 

To incorporate the Oglethorpe Fertilizing Company. .270 291 405 
To provide a remedy by which property or money stolen from 
State or Western & Atlantic Railroad may be recovered 270 

289 466 
To amend act incorporating Evergreen Cemetery Company of 

Bonaventure 270 289 465 

To authorize the appointment of an auditor in cases of law and 

equity, etc 270 289 465 

To more effectually punish unlawful acts of violence. .270 289 463 
To legalize subscription of Madison to Griffin, Monticello & 

Madison Railroad Company 270 289 465 

To amend act to incorporate the Wilmington Railroad Com- 
pany 270 289 465 

To legalize subscription of Indian Springs to the Griffin, Mon- 
ticello & Madison Railroad Company 270 290 465 

To prescribe manner of incorporating documentary evidence 

270 290 462 
To impose certain duties and confer certain powers upon Ordi- 

dinary of Union county 270 290 450 

To incorporate the town of Luthersville 270 290 465 

To provide for time of holding courts of Eastern Circuit. 270 290 465 

To abolish offices of Western & Atlantic Railroad 270 289 465 

To fix compensation of grand, petit and tales jurors in Decatur 

county 271288 

To provide mode of adjudicating rights of parties under article 

seven of the Constitution 271 290 452 

To execute fifteenth section of article one of the Constitution, 

271 290 465 
To authorize Ordinary of Cherokee county to issue bonds, to 

build a court-house 271289 

To alter, change and amend act to incorporate town of Dalton 271 

To-change time of holding courts of Flint Circuit 271 290 

To incorporate the Mechanics' & Traders' Bank of Georgia, 

271 291 454 
To authorize Douglas county to take stock in the Georgia 

Western Railroad 278 308 469 

To provide for and enforce a registration of voters in Chatham 

county 279 305 467 



INDEX. 523 

BILLS — Continued. 

To exempt maimed persons from the payment of poll tax. .279 310 
To alter and amend an act to incorporate the town of Monte- 
zuma 279 304 358 

To incorporate the town of Vienna 279 297 

To authorize Ordinary and Road Commissioners of Dooly 

county to classify public roads in said county, etc. 279 296 428 
To construct a railroad from Elberton, Georgia, to intersect 

with the New York & New Orleans Air-Line R. R., 279 305 374 
To incorporate the Nutting Cotton Manufacturing Co., 279 305 463 
To incorporate Central Insurance Company of Georgia, 279 305 463 
To increase the pay of grand and petit jurors in the county of 

Fannin 279 297 469 

To entitle F. W- Dawes to practice medicine 279 305 469 

To repeal the eighth section of an act to levy and collect a tax 

for the support of the government for the year 1869 . .279 310 
To incorporate the Northern Bank of the State of Georgia, 

279 308 

Tor the relief of J. I. Miller 279 310 

To require Justices of the Peace and Notaries Public ex-officio 

Justices of the Peace, to keep dockets, etc. .. .279 296 357 
To give the several Ordinaries of this State power to appoint 

commissioners of public roads 280 296 469 

For the relief of John M. Peden, former Tax Collector of 

Gwinnett county r 280 310 

To amend the several acts incorporating town of Sparta 280 

305* 332 

To relieve the securities of N. O. Alexander 280 310 

To exempt Justices of the Peace and Judicial Notaries Public 

from jury duty 280 297 423 

To compensate grand and petit jurors of Jefferson county.:. . . 280 

297 422 
To change the time of holding the Superior Courts of the county 

of Muscogee 280 297 467 

To authorize Nicholas J. Fogarty to practice medicine. 280 297 467 
To make it the duty of Tax Receivers to collect agricultural 

statistics 280 310 469 

To relieve maimed or indigent persons from paying poll tax 

or doing public duty 280 297 468 

To protect the people of this State in the rearing of oysters and 

fish,etc 280297 

To amend an act to create a Board of Commissioners of Roads 

and Revenue in the county of Glynn 281 696 467 

To protect the people of this State against discrimination in 

the transportation of freight and passengers 281 470 

To prescribe the mode of payment of costs in criminal cases to 

magistrates and constables in Richmond county 281 296 467 

To incorporate the Oglethorpe Manufacturing Company of Au- 
gusta 281310470- 



524 INDEX. 

BILLS — Continued. 

To amend charter of the Americus & Isabella Railroad Com- 
pany 281308 376 

To prescribe the manner of enforcing attorney's liens. .281 297 469 

To change the line between the counties of Warren and 
McDuffle 281305 378 

To change the line between the counties of Wilkes and Talia- 
ferro 281308 

To amend an act to facilitate the sale of real estate in the State 
of Georgia 281297 432 

To amend the laws of this State in relation to fences and enclo- 
sures 281297 469 

To incorporate People's Savings Bank of Newnan.281 308 470 486 

To incorporate the Georgia Steam Road Wagon Company of 
Georgia 292 308 428 

To appropriate money to pay the heirs of the late Colonel Mor- 
decai Sheftall 312 358 

To levy and collect a tax for the support of the government for 
theyearl872 312 358.412 

To amend an act to incorporate the town of Blakeley .312 358 467 

To limit the time of service of petit jurors in the Superior 
Courts of Chatham county 318 403 464 

To amend law establishing Police Court in Savannah. .318 403 448 

To provide for a County Board of Commissioners for Decatur 
county 318 404 464 

To incorporate the town of Doraville 318 404 466 

To repeal an act to preserve the peace and harmony of the 
people of this State 318 403 464 

To amend section 61 of the Code 319 404 450 

To authorize married women to sue for and recover damages 
from any person selling her husband liquor while intoxi- 
cated , 319 403 462 

To make it penal to withhold money or property belonging to 
the State of Georgia 319 403 464 

To secure the several counties of the State of Georgia from 
costs 319 403 464 

To change the line between the counties of Coweta and Troup 

319 404 464 

To amend act to extend the lien of set-off and recoupment, as 
against debts contracted before the first day of June, 1865 

319 403 463 

To amend the laws in this State in relation to habeas corpus 

319 403 474 

To provide for sales of property in this State, to secure loans 
and other debts 319 403 449 

To authorize the town council of Forsyth to issue bonds as cur- 
rency, to purchase stock in property of Monroe Female 
College and Hilliard Male Institute 319 338 399 



INDEX. 525 

BILLS — Continued. 

To amend the laws relative to writs of quo warranto in the 
State of Georgia 338 352 

To protect the people of the State of Georgia from the payment 
of either principal or interests of any bonds issued by any 
railroad company illegally, etc 359 377 

To create a County Court in each county of this State, except 
such counties as are excepted 379 403 43» 

To authorize the local authorities of Chatham county to change 
or abolish the road leading from the Isle of Hope to the 
main road on Skidaway Island 379 403 464 

To change the line between the counties of Greene and Morgan 

379 402 448- 

To change the time of holding the Superior Courts of the 
Brunswick Circuit, etc 379 403 423 

To incorporate the Hawkinsville & Eufaula Railroad Company 

379 403 434 

To amend act to incorporate a Medical College in the city of 
Savannah ': 379 402 462 

To carry into effect the election for a Governor to fill unex- 
pired term of R. B. Bullock 379 403 409* 

For the apportionment of the members of the House of Repre- 
sentatives ■ 401426 457 

To amend section 4420 of Irwin's Code 401 42& 

To provide for the discharge of the duties of Ordinary of 
Chatham county 401 426 449' 

To repeal section 812 of Irwin's Code, and to prescribe the 
mode of taxing shares in banks, etc 401 426 452 

To amend charter of Atlanta & Roswell Railroad Co... 401 425 452 

To amend sections nine and ten of an act to carry into eflect 
the second clause of the thirteenth section of the fifth 
article of the Constitution 401 425 452 

To amend an act incorporating the town of Boston. . .401 425 464 

To change the time of holding the fall term of the Lee Superior 

Court 401421452 

To secure counsel fees in certain cases 401 426 462 

To incorporate the Atlanta & Blue Ridge Railroad Co.. 401 425 450 

To amend an act to amend an act incorporating the Ocmulgee 
River Railroad Company 401 425 449- 

To provide for the farming out of the convicts of the Peniten- 
tiary of this State 401425 447 

To amend the charter of the Gate City Insurance Company of 
Atlanta 401420 464 

To amend the attachment laws of the State of Georgia, 401 425 464 

To amend an act to fix and define the fees of Ordinaries, and 
Clerks of Superior Courts, in applications for setting apart 
homesteads '.. .401425 463 

To repeal an act of 1831 requiring Justices of the Peace to act 

as Road Commissioners in Pulaski county 401 421 465- 



526 INDEX. 

BILLS — Continued. 

To incorporate the "Waynman & Franklin Manufacturing Com- 
pany of Upson county 401426 442 

To make penal the selling of personal property which has been 
mortgaged as security for the payment of a debt. . .402 425 464 

To incorporate the Flint River Manufacturing Company of 
Upson county 402 425 449 

To create a new judicial circuit out of the counties composing 
the Southern, Macon and Middle Circuits 402 421 448 

To authorize the Ordinary of Pulaski county to issue bonds to 
build a court-house 402 424 464 

To change time of holding the Superior Courts in the county 
of Jasper 402 425 463 

To provide for the taking of testimony by written deposition, 
in cases not now allowed by law 402 425 464 

To carry into effect paragraph three, section five, article three 
of the Constitution of this State 402 425 449 

To extend the provisions of the eleventh section of an act in 
relation to the Tax Collectors and Receivers of Chatham 
county to county of Fulton 402 425 448 

To authorize the Ordinary of Rockdale county to levy an extra 
tax and issue bonds for the purpose of building a court- 
house 402 425 451 

To amend section 1052 of the Revised Cnde 402 425 452 

To incorporate the Merchants' Mutual Insurance Company of 
Georgia 402 426 449 

To provide for the payment of insolvent costs due the county 
officers of Upson county 402 426 442 

For the relief of Ziba King 423 432 464 

To organize a Land-Grant Board of Commissioners 450 



o 

CLERK— 

Election of 7 

Clerk pro tern. — election of 142 

CUMMING, J. B 15 5178 84 110 131191226 281 

CLOWER, G. II 25 224 

CRITTENDEN, R. F 51 75 118 225 280 

CRAIG, H. L. W 5178 119 286 

CATO W- W 52 255 

CONVERSE, A 54 236 

CLARK, W A 54 118 120 

CLOUD, O. L 62 

CLARK, W H 7S 131 225 

CODY, D. C 106 143 

CLEMENTS, J. D 117 



INDEX. 527 

CHANCEY, B 143 312 

CLEGHORN, C. C 219 235 

CARLTON, ISAAC 219 

COMMITTEES— 

Standing 40 71 98 

To apportion representation 274 

To provide for painting portrait of Hon. Howell Cobb 274 

To inquire into different departments of State government. . . 329 
To report upon extending Atlantic & Gulf Railroad to Mobile 

446 
On fraudulent and illegal issue of bonds 458 

COUNTY LINES CHANGED— 

Between Carroll and Douglas 36 60 317 

Between Lee and Terrell 49 68 164 

Between Mcintosh and Liberty 50 67 81 

Between Upson and Pike 52 68 237 

Between Wayne, Glynn and Camden 52 68 239 

Between DeKalb and Gwinnett 53 68 241 

Between Walker and Dade 76 158 317 

Between Clay and Calhoun 76 157 263 

Between Coffee and Ware 107 158 258 

Between McDuffle and Columbia 143 250 332 

Between Catoosa and Walker 219 250 378 

Between Fulton and Campbell 222 250 429 

Between Forsyth and Milton 224 250 432 

Between Pickens and Gilmer . . ' 225 250 428 

Between Wilcox and Pulaski 225 250 382 

Between Douglas and Paulding and Douglas and Cobb . 255 267 432 

Between Warren and McDuffle 281 305 378 

Between Wilkes and Taliaferro 281 308 

Between Coweta and Troup 319 404 464 

Between Greene and Morgan 379 402 448 

COURTS— Superior— 

Time of holding changed in Columbia and McDuffle. . .36 61 64 

Time of holding changed in Catoosa county 77 159 258 

Time of holding changed in Campbell county- 77 159 258 

Time of holding changed in Camden county 77 154 258 

Time of holding changed in Flint Circuit 120 206 359 

Time of holding changed in Worth county 120 206 374 

Time of holding changed in Talbot county 147 271 405 

Time of holding changed in Middle Circuit 172 245 257 

Time of holding changed in Richmond county 191 245 287 

Time of holding changed in Gordon county 255 266 357 

Time of holding changed in Muscogee county 280 299 467 

Time of holding changed in Brunswick Circuit 379 403 423 



528 INDEX. 

COURTS — Superior— Continued. 

Time of holding changed in Jasper county 402 425 46$ 

Time of holding fall term of Lee changed 401 421 453 

To fix time of holding, of Charlton county 53 66 166 

Eeturn and trial of causes at law and equity regulated 54 67 244 

Clerks of in certain counties authorized to issue writs. . . 65 154 258 

Judges of empowered to appoint auditors in cases at law 108 

156 259 

Time changed of holding in Macon county 218 253 259 

Judges of to give in special charge to grand juries section 1436 

of the Code 269 465 

Judges to give in special charge to grand juries sections 4489, 

4490, 4491 of the Code 269 290 465 

Time of holding of Eastern Circuit 270 290 465 

Time of service of jurors in Chatham county limited .318 403 465 

COURTS— City— 

Of Macon abolished 52 67 81 

For Atlanta established 76 154 320 

Jurisdiction of Augusta extended 131 204 374 

COURTS— County— 

To organize in county of Clay 219 246 

To create in each county in this State 379 403 435 

COURTS— Police- 
To amend law establishing in Savannah 318 403 448 

COURTS— District— 

Act repealed to organize 37 58 95 

COURTS— Justices— 

Liens of judgments of, limited 51 65 88 

r> 

DUKES, ABRAM ." 13 

DILL, J. C 51119 222 

DAVIS,J.B 93 117 224 

DAVIS, M 107 110 

DOOR-KEEPER— 

Election of 10 

E 

EMERSON, C. J 74 131227 236 

EDWARDS, E. P 108 279 

ETHERIDGE, J. A ..118 



INDEX. 529 

FLYNT.S.J 10 

FRANKLIN, WILLIAM 37 220 279 

FARMER, J. W 50 75 110 254 255 

FAIN, J. C 76 109 222 255 

FLOYD, M 116 224 

FIELD, S. E 132 



« 



a 



GOLDSMITH, W L 11 23 36 53 55 63 84 220 

GOODMAN, JOHN : 77 106 254 255 278 

GRAHAM, E. D 24 76 143 

GRIFFIN, J. R 55 75 98 121 223 254 255 280 

GRAY, J. W 77 144 217 

GOVERNOR— 

Annual Message of 25 

GUERRY.J.H 118 

GLOVER, S 119 236 

GRIFFIN, E."S 120 227 

GUYTON,C.J 144 

H 

HUDSON, CHARLES B 10 12 13 63 81 118 235 281 340 

HOGE, E. F .. . .10 14 20 38 55 62 76 108 110 220 279 351 367 426 

HUNTER, JAMES H 17 77 82 105 120 218 

HALL,JOHNI 18 2152 55 63 120 121281 

HEAD, W J 38 75 

HALL, W H. F 40 50 75 97 116 139 224 

HOWELL, J. M 50 132 224 

HOOKS.C.H 52 

HILLYER, H. L 52 57 77 121219 226 

HAMMOND, T. F 106 

HUGHES, J. L 108 

HANCOCK.J.R 121222 

HEIDT.E 143 279 

HENDLEY, J. A 



OO 



i.> 



I 

INCORPORATIONS— 

Van Wert Slate Mining Company 37 01 64 

Excelsior Slate Mining Company 37 60 80 

Rome & Raleigh Railway Company — 37 60 244 

La Grange Banking & Trust Company 52 68 237 

33 



mo IXDEX. 

INCORPORATIONS— Continued. 

Dollar Savings Bank of Fort Valley 75 90 2G1 

Commercial Bank of Albany 106 159 260 

Town of Sharpsburg 107 158 259 

Town of Whitney ... 108 158 320 

TownofResaca 109 209 321 

Agricultural Land Grant Board 109 210 424 

Town of Rutledge 117 210 332 

Merchants' A- Mechanics' Savings Bank of Columbus. .117 208 370 

TownofLeeton 119 210 422 

Georgia Industrial Agency ... 131 208 377 

Town of Tilton 131209 374 

Mutual Protection Insurance Company 143 250 321 

Exchange Bank of Macon 144 252 334 

College of Pharmacy and Health 144 250 378 

Macon & Chattahoochee Railroad Company 144 249 373 

Town of Dublin 144 250 378 

Savannah & Thunderbolt Railroad Company 147 272 405 

Chattahoochee Manufacturing Company 147 273 404 

Town of Eastman 148 272 464 

Georgia Diamond Mining Company 167 250 358 

Town of Lawtonville 167 250 347 

Stone Mountain, Lawrenceville & Athens Railroad Co. 220 251 359 

Atlanta & Tennessee Railroad Company 202 250 347 

Gate City Insurance Company 222 251 347 

Atlanta & Monticello Narrow-Gauge Railroad Co.. . .222 249 420 

Macon & Knoxville Railroad Company 223 249 320 

Town of Jefferson 223 251421 

City of Fort Valley 223 251410 

Town of Clinton 224 251422 

Farmers' & Mechanics' Loan & Trust Company 226 252 

Town of Jeffersonville 227 251422 

Dalton & Southwestern Railroad Company 227 251 467 

Town of Butler .227 251469 

City of Dawson 227 251467 

Georgia & Alabama Coal & Iron Mining and Manufacturing 

Company : 235 251 406 

Grand Bay Paper Manufacturing Compan y . . 236 252 332 

Atlantic, Fort Valley & Memphis Railroad Company. .254 267 357 
LaGrange & Barnesville Railroad Company. ... .269 291452 

Oglethorpe Fertilizing Company. . . . .270 291 405 

Town of Luthersville . 270 290 465 

Mechanics' A Traders' Bank of Georgia 271 291 454 

Town of Vienna 279 297 

Nutting Cotton Manufacturing Company 279 305 463 

Northern Bank of Georgia 279 308 

Oglethorpe Manufacturing Company of Augusta 281 310 470 

People's Savings Bank of Newnan .281 308 486 



INDEX. 531 

INCORPORATIONS— Continued. 

Georgia Steam Road Wagon. Company 292 308 428 

Town of Doraville 318 404 466 

Hawkinsville & Eufaula Railroad Company 379 413 434 

Atlanta & Blue Ridge Railroad Company 401 425 450 

Waynman & Franklin Manufacturing Company 401 426 442 

Flint River Manufacturing Company 402 425 449 

Merchants' Mutual Insurance Company of Georgia 402 426 449 



J 

JACKSON, HENRY ....8 12 18 38 54 76 82 96 108 139 220 222 279 

JOHNSON, J. B 76 108 143 219 

JOINER,P 10 

JONES, G. H 13 75 

JONES, J. W 116 222 

JONES, J. R ': 119 226 235 

JENKINS, R. R 120 235 

JOHNSON, DAVID H 203 

JOHNSON, W P 223 



KELLY, JOHN J 21 2G8 

KILLIAN, D. W 55 74 

KNOWLES, D. E 225 



LANG, HENRY J 12 50 116 

LAMKIN.S.C 36 143 

LIPSEY,H.B 49 119 235 

LEWIS, J.A 220 



McMillan, garnett . . 7 8 10 20 54 57 109 121 139 223 236 268 

McWHORTER, R. L 12 13 57 111 223 224 280 

MESSAGES— From Executive Department— 

Transmitting papers in contested election case of Bibb county S 

In relation to State finances, education, etc 25 

Transmitting reports of State School Commissioner, State Board 
of Education, and Comptroller General 70 



532 INDEX. 

MESSAGES — From Executive Department — Continued. 

In reference to errors in inventory of property of "Western & 

Atlantic Railroad 7& 

Transmitting report of Secretary of State 79> 

Notifying House of approval of act in reference to elections in 

city of Atlanta 93 

Transmitting annual report of the Superintendent of Public 

Works 98 

Vetoing resolution rescinding joint resolution of last General 

Assembly 102 

Transmitting report of Principal Keeper Penitentiary 132 

Transmitting communication from Hon. Columbus Delano, 

Secretary of the Interior 146. 

Vetoing act to provide for a special election for Governor 179 

Transmitting report of Secretary of State 239 

Transmitting report of Trustees of Georgia Academy for the 

Blind 239 

Transmitting copy of communication from the commissioners 

appointed to revise the Code 240 

Vetoing act to repeal act to organize the District Court 386 

Vetoing act to repeal act to declare poll tax for years 1868, 

18G9 and 1870, yet uncollected, illegal 389 

Vetoing act to alter and amend section 178 of Invin's Revised 

Code 393 

From Senate.. .14 17 57 64 71 85 91 94 99 102 114 122 125 130 

144 148 152 136 160 170 172 176 194 197 109 211 242 257 261 

274 285 307 317 330 337 344 350 351 363 366 383 384 393 394 

395 398 400 408 409 410 412 416 418 431 432 435 436 444 447 

450 452 454 456 458 460 467 468 473 479 479 489 495 496 497 

498 499 
MESSENGER— 

Election of 10 

MURPHY, J. W 39 236 

McNEAL, S. A 51118 131225 226 280 

MANN, D. C .. 52 

MATTOX, H. A 53 107 110 

MANSFIELD, J. B 74 11!) 

MEADOWS, I. J 116 

MORELAND, J 116 

MORRIS, P 121 

MORRISON, D .. 131 

McCONNELL, W >,' 144 

MEMORIALS— 

To Congress in relation to canals. ., 54 

Of the trustees of the North Georgia Agricultural College. 54 

From Georu'ia'State Teachers' Association Si 



INDEX. 533 

MEMORIALS— Continued. 

From citizens of Macon county 81 

From John D. Sims and Andrew J. Smith, contesting seats of 

H. J. Sargent and Samuel Smith 83 

From W. A. Parks, agent American Bible Society 83 

From John A. Jones, of Polk county 98 

From certain citizens of Clinch county 101 

From William Russell and Jordan Rowland, of the county of 

Coweta 110 

From John R. Simmons in relation to seat of Hon. Sterling 

Glover 120 

From trustees University of Georgia 191 

From certain citizens of Savannah / 219 

From Fleming G. Grieve .. 223 

From Catharine S. W Fleming 226 

From certain citizens of Dalton 236 

From certain citizens of McDuffie county 281 

Relative to a canal through Georgia 450 



1ST 

NUTTING, CHARLES A 24 191 218 279 319 

NETHERLAND, GEORGE M 24 51 118 268 



o 

-ORGANIZATION OF HOUSE 3 

OLIVER, W 55 

ORMOND, GEORGE 121 

O'NEAL, PETER 217 

■ORDINARIES— 

Voters of Fannin authorized to elect 37 59 317 

Clerk Superior Court of Wilcox authorized to act as 52 69 320 

To provide for an election of, for Wilcox county 52 69 320 

Of Campbell county authorized to issue bonds 106 159 258 

Of Cobb county authorized to issue bonds 107 158 258 

Of Randolph county authorized to issue bonds 132 207 374 

Of Early county authorized to levy tax 143 248 424 

To specify in orders on County Treasurers fund out of which 

said order ought to be paid 146 272 449 

Mode of filling vacancies in office of 148 271 46G 

County tax levied by, of Dougherty legalized 218 246 420 

Given authority to issue attachments 219 246 421 

Of Gwinnett authorized to issue bonds 223 253 258 



584 INDEX. 

ORDINARIES— Continued. 

To order sale of homesteads and personalty, when an issue i.s 

formed in relation to valuation 226 247 420 

Authorized to appoint Constables 235 247 46S> 

Governor to order election for in Sumter 236 247 469 

Certain duties and powers conferred upon, of Union county 

270 290 450 

Of Cherokee authorized to issue bonds .271 289 

Authorized to appoint commissioners of public roads. .280 296 469 
For the discharge of the duties of in Chatham county. .401 426 449 

Fees of defined and fixed 401425 463 

Of Pulaski authorized to issue bonds .402 424 464 

Of Rockdale authorized to levy extra tax ... .402 425 451 



PHILLIPS, R. W 9 13 14 35 53 05 139 224 285 

PIERCE, GEORGE F., Jr 15 81 84 115 223 280 285 372 

PEEPLES.H.T 3655 77218 

PENTECOST, JOHN S 36 219 

PAYNE, W-H 36 76 96 219 235 

POU, J. F 50 117 144 222 280 281 

PAXTON, J 53 106 

PALMER, JOHN 107 

PROTEST— 

By Mr. Griffin of Houston, and others . . 129 

PUBLIC PRINTER— 

Election of 286 

JEi 

RILEY, H. W 13 54 116 224 235- 

RAWLS, MORGAN 23 24 37 53 55 82 84 108 312 

ROSS.JOHNB 24 

RUSSELL, ISAAC 36 40 53 77 8182 110 143 219 

RICHARDS, JOHN B 36 53 76 139 

RICHARDSON, A 143 

RUTHERFORD, WILLIAM 219 

RULES^- 

Of House of Representatives 43 

RESOLUTIONS— 

Appointing committee to consider and report who are Repre- 
sentatives from Bibb 8= 

In reference to letter of R. B. Bullock, of October 23, 1871 . ..8 18 



INDEX. 535 

RESOLUTIONS— Contdtded. 

Authorizing Speaker to appoint Chaplain 10 

Extending freedom of floor of House to reporters of newspapers 11 
To appoint committee to prepare and report rules for govern- 
ment of House 11 

In reference to hours of meeting of House 11 89 

In relation to drawing for seats 12 

To appoint committee to inquire into cause of absence of Mr. 

Page 13 

To appoint joint committee to wait on acting Governor. ... 15 
Declaring Hon L. !N. Trammell entitled to exercise Executive 

powers 15 

That the Legislature proceed at once to provide for election of 

Governor 18 

Instructing Clerk of House to have three hundred copies of 

Kules of House printed 24 

Instructing Committee on Privileges and Elections to inquire 

into the facts as to residence of L. C. Jones 25 

Instructing Committee on Agriculture and Manufactures to re- 
port amendments to law on sale of fertilizers 54 

Authorizing Speaker to appoint additional standing committees 

54 63 

In reference to State printing 55 63 

To print three hundred copies of Governor's message 55 

In relation to refunding tax on raw cotton 55 

That Librarian furnish copies of Revised Code to members of 

Judiciary Committee 55 

That Speaker appoint a special committee to report bill on 

equalizing Judicial Circuits of this State 55 

In reference to seat of W. G. Pierce 55 

In reference to seat of Henry Tarver 55 

In reference to seat of A. Colby 55 

In reference to seat of S. Glover 55 

In reference to seat of George W Rumph 55 

That all resolutions referring to seats of members be referred 

to committee on Privileges and Elections 55 

Tendering Hon. George Stapleton a seat on the floor 55 

In reference to Treasurer paying warrants for printing 55 

Requesting Governor to transmit to House, papers in reference 

to Sumter county contested election 56 

Instructing Finance Committee of both houses to report what 
action is necessary to protect credit of State from evil re- 
sults of acts of last General Assembly 57 

That Judiciary Committees of two houses be a joint committee 57 
For the appointment of joint committee to visit the penitentiary 

convicts, etc 

To add three members to Judiciary Committee 62 

Tendering seat on floor to Rev. H. C. Hornady 63 



62 



536 INIf-ba. 

RESOLUTIONS— Continued. 

To furnish each member with a copy of the Constitution ... 63 

Instructing Finance Committee to inquire what compensation 
should be allowed the committee having in charge the 
books of the Western & Atlantic Railroad 81 

To appoint committee to investigate the claim of F. G. Grieve 82 

Appointing commissioners to represent stock of State in the 
Atlantic & Gulf Railroad 82 150 

Appointing joint committee to arrange Senatorial districts. . . 82 

Inviting Dr. Stephenson to a seat on the floor 82 

Tendering use of the hall of the House to Gen. Duff Green. . . 82 

Instructing the Treasurer to advance one hundred dollars to 
the officers and members of the General Assembly. . . 82 

Requesting Hon. Benjamin Conley to communicate informa- 
tion in relation to land scrip 84 

That the committee on the Western & Atlantic Railroad inquire 
into lease of said road by late Governor, etc. . . ... 84 

To compel railroads that have received State aid to make 
reports 84 

To appoint a special committee to make a thorough investiga- 
tion of the transaction in bonds, etc 84 

Requesting the Governor to order an election for a Representa- 
tive from Wayne county 85 

Consolidating Committees of Agriculture and Manufactures of 
both Houses 93 

To advance twenty-five dollars to the pages of the House 96 

Requiring all officers and agents of the Western & Atlantic 

Railroad to pay balances in their hands to State Treasurer 96 

Instructing Committee on Privileges and Elections to inquire 

into the eligibility of David H. Johnson, etc 97 

Requiring the Finance Committee to inquire why the Treasurer 
under Gov. Jenkins has not settled with present Treasurer 98 

Rescinding resolutions agreed to by the last General Assembly 
appointing commissioners to revise Irwin's Code 110 

That the Committee on the Penitentiary be directed to inquire 
into and report upon the contract made by ex-Gov. Bullock 
farming out the convicts 110 

Instructing the Committee on Judiciary to inquire and report 
what progress has been made by attorneys appointed to 
revise the Code of Georgia 110 

That the Treasurer be instructed to advance one hundred dol- 
lars to the doorkeepers and messengers of the General 
Assembly Ill 

Appointing a committee to make arrangements to have the 
capitol heated Ill 

To print two hundred copies of additional standing committees 111 

To proceed to the election of United States Senator 115 

In reference to R. B. Bullock, late Governor 120 



INDEX. 537 

RESOLUTIONS— Continued. 

For the appointment of a joint committee to investigate the 

official character of R. B. Bullock, late Governor, etc 121 

Relating to the removal of the seat of government to Milledge- 

ville 121 

To provide for the payment of A. H. Gaston for two clays' ser- 
vices as Messenger 121 

For the printing of the report of State School Commissioner. . 121 
That State of Georgia be entitled to equal benefits under the 

homestead law with citizens thereof 121 

Requesting Hon. Benjamin Conley to furnish a statement of 
number of miles of railway which have been constructed 

since July, 1868, to which State aid has been given 121 

Directing the Superintendent of Public Works to examine and 
report upon the condition of all roads that have received 

Stateaid 122 

Instructing Treasurer to lay before House a statement of bonds 

now in his office to credit of Educational Fund, etc 122 

For the appointment of joint committee to report upon codifi- 
cation of laws applicable to Justices of Peace, etc 122 

In reference to school fund 124 

To extend time for collection of taxes of 1871 134 

Memorializing Congress for the removal of political disabilities 139 
To print two hundred copies of report of State School Com- 
missioner *. 139 

Instructing Finance Committee to inquire into and report upon 

account of M. H. Bentley 130 

Directing Secretary of State to turn over certain papers to 

Committee on Privileges and Elections 139 

Instructing Committee on Public Printing of both houses to re- 
port whether justice to the State requires any change in 
amount of compensation of State Printer, and to bring on 

election of Printer 140 

To proceed to election of Speaker pro tern ,. 140 

Instructing Judiciary Committee to report a bill providing for 
election of three Commissioners for each county in this 

State ' 145 

In relation to public printing 150 

To print report of State Board of Education 154 

Instructing Judiciary Committee to consider and report upon a 

bill in reference to special elections for Governor 193 

In reference to observance of Thanksgiving Day 194 275 

In reference to Educational Fund 198 

Requesting gentlemen having in charge books and papers of 

Western & Atlantic Railroad to make report 211 288 

In reference to Agricultural College Land Scrip ...218 

Tn relation to Messenger's duties 220 

Instructing Committee on Public Buildings to examine and re- 
port upon safety of capitol building 220 



538 INDEX. 

RESOLUTIONS— Continued. 

In relation to the introduction of new matter 224 

In reference to fencing up of stock 224 

In relation to indorsement of bonds of the Alabama & Chatta- 
nooga Railroad 227 

To inquire into status of law appropriating money to supply- 
artificial limbs 233 

In relation to transcribing certain numerical land books by E. 

J.Williams 23G 

To reduce the pay of the Clerk of the Supreme Court 236 

Providing for the arrest of any person guilty of violation of 

the laws of the State 241 

In relation to granting State aid to railroads 242 

Instructing the Committee on Education to report a bill or res- 
olution in reference to claims of teachers 266 

That the vacant niche on the walls of the House be filled with 

a portrait of Hon. Howell Cobb 268 

Requesting the Governor to pardon John Bannon 268 

In relation to the seat of George F. Page on the floor of the 

House as a member from the county of Lee 274 

In reference to the election of Public Printer 259 275 

For the appointment of a committee to adjust claims due cred- 
itors of the Penitentiary 275- 

Instructing the Committee on the Judiciary to report whether 
any legislation is necessaiy in reference to filling the va- 
cancy in the office of Chief Justice 285 

For the relief of Hon. D. F. Hammond 285- 

For the appointment of a joint committee upon the subject of 

wildlands 285 

In relation to the offering of rewards for criminals 285> 

Of thanks to Rev. Dr. Wills for the able and interesting discourse 

delivered on Thanksgiving day 318 

Instructing Committee on Finance to report upon the per diem 

and mileage of Hon. W A Ballard 333 

To print one thousand copies of the sermon of the Rev. Dr. 

Wills 338 

In reference to the death of Hon. Wright Brady 339 

That the members of the House wear a badge of mourning in 

respect to the memory of the Hon. Wright Brady 340 

Requiring the Finance Committee to inquire into the claim of 

Murphy and Rasberry 351 

Tendering the use the Hall to the Democratic convention 367 

Requesting the State School Commissioner to resign 372 

Dismissing certain suits pending against the Treasurer of this 

State 392 

To print 1,000 copies of the bill providing for an election for 

Governor 398 

In relation to printing the public laws 400- 



INDEX. 53£ 

RESOLUTIONS— Continued. 

To appoint a joint committee to examine into the business of 
the two Houses, and to report upon the propriety of prolong- 
ing the session 404 

Requesting Governor to give information in regard to debt of 

, this State for printing and contingent expenses 404 

In relation to Cherokee Indians 409 

Requesting Governor to order an election for Represensen- 

tative in Sumter county 414 

That- all bills and resolutions be transmitted immediately to the 

Senate 414 

To prolong session of General Assembly until and including 

Saturday, December 16 415 

Authorizing Clerk of Honse to employ an additional number 

of clerks, to keep up with business of House 426' 

Directing Committee on Privileges and Elections to inform 
House what action has been taken in case of contest of J. 

R. Simmons, of Sumter, with Hon. Wright Brady 427 

To appoint joint committee to investigate charges by the public 

press against a member of the General Assembly 434 

To inform Hon. Benjamin Conley that both Houses of General 

Assembly had passed resolutions to prolong session 434 

To appoint joint committee to investigate and report upon ex- 
tending the Atlantic & Gulf Railroad to Mobile 442 

Instructing chairman Auditing Committee to sign no certificate 

for pay of any member for service not yet rendered, etc. 448 
In relation to removing United States flag from the capitol . . 450 

Requesting Congress to reimburse the city of Savannah 451 

In relation to the mileage of Mr. Hillyer 458 

In relation to the removal of the State Library 466 

In relation to the financial condition of the State 466' 

Relating to a settlement of John Jones, late Treasurer, with 

present Treasurer 466 

In relation to the mileage drawn by T. G. Campbell, Jr. ... 479* 

In relation to teachers of common schools 487 

Authorizing Hon. Sterling Glover to draw pay and mileage of 

Hon. "Wright Brady 489' 

That Secretary of State have all printing done by W. A. Hemp- 
hill, Public Printer 495 

Authorizing Secretary of State to furnish R. J. McCamy with 

engrossed copies of acts 497 

Tendering thanks of House to Hon. J. M. Smith 499* 

Tendering thanks of House to Hon. J. R. Cumming and Clerk 
and assistants 499- 

REPORTS— 

Of committee to inquire into matter of leave of absence of 
GeorgeF.Fage 21 



540 INDEX. 

REPORTS— Continued. 

Of committee on Rules of House 22 

Of committee on Bibb county election case 23 

Of Enrolling Committee 63 101 112 136 160 168 194 197 239 

286 297 304 337 344 363 369 394 400 419 440 470 481 490 493 

Of Comniittee on Public Buildings 369 

Of Committee on New Counties and County Lines. .72 149 309 

329 367 428 

Of Committee on Petitions and Memorials 177 196 

Of Committee on Internal Improvements 72 94 177 194 227 

263 275 292 319 33ft 
Of Committee on Finance. . .73 100 163 195 190 234 311 333 385 

427 

Of Committee on Privileges and Elections 85 113 161 233 274 

352 371 444 

Of Committee on Education 85 124 198 243 254 330 

Of Committee on Judiciary . . .86 100 122 136 148 152 199 200 

256 276 293 297 323 340 364 411 419 

Of Committee on Journals 93 

Of Committee on Blind Asylum 306 

Of Committee on Corporations Ill 170 256 293 312 348 

Of Committee on Banks 112 217 283 349 

Of Committee on Auditing 490 

Of Committee on Heating Building 123 

Of Superintendent of Public Works 132 

Of Committee on Penitentiary 177 216 283 

Of Committee on Agriculture and Manufactures . . . .282 305 330 

334 349 363 384 445 
Of committee to inquire into the cause of the removal of the 

United States flag from the capitol 454 

Of conference committee on the Penitentiary bill 456 

Of committee to investigate charges made in public prints that 

a member of the General Assembly had received a fee, etc. 459 

Of committee on over-pay of mileage to H. L. Hillyer 478 

Of committee on over-pay of mileage to T. G. Campbell, Jr 493 

Of committee on time of adjournment sine die 496 

Of committee on State of the Republic : 499 

RAILROADS— 

Rome & Raleigh Railroad Company 

Macon & Chattahoochee Railroad Company 

Savannah & Thunderbolt Railroad Company 

Stone Mountain, Lawrenceville & Athens Railroad Co.i 

Atlanta & Tennessee Railroad Company 2; 

Atlanta & Monticello Narrow-Gauge Railroad Co 22 ~-±a 420 

Macon & Knoxville Railroad Company 223 247 320 

Dalton & Southwestern Railroad Company 227 251 467 

Atlantic, Fort Valley & Memphis Railroad Company. .245 267 357 



INDEX. 041 

RAILROADS— Continued. \ 

LaGrange & Barnesville Railroad Company ">69 291 425 

Hawkinsville & Eufaula Railroad Company 79 403 434 

Atlanta & Blue Ridge Railroad Company . .■ 01 425 450 



s 



SPEAKER— 
Election of. 



/ 



SPEAKER PRO TEM.— 

Election of 140 

SCOTT, DUNLAP 8 10 11 15 16 20 23 37 ?•'■■ 54 226 268 

SNEAD, CLAIBORNE 11 24 54 11' 1 20 226 281 

SIMMONS, WE 12 13 38 75 81 82 109 14t 222' 354 280 

STOVALL, G. P '. ... .36 220 

SARGENT, H. J 53 1 iT 110 281 285 

SIMMONS, L. A • , 54 96 223 

SPENCE, JOHNM 107 

SMITH, J. T..., 117 

SUMMERLIN, M. C 178 234 255 

SLATON, H. P 281 



T 

TAYLOR, H 52 

TRAMMELL.R. A 117 



XT 

UNITED STATES SENATOR— 

Election of 126 

Consolidation of the vote of both Houses for 135 



>AfiL, J '7).. 13 

3WARD, JDKNH 37 53 279 292 

D, J. Y 52 120 227 

,. JAMS,J.D 76 

WOj-'FORD, J. W 78 235 409 

WILSON, J. S 139222 

WHATLEY, WILLIAM 143